Abstract: The theory of litigation elements determines the litigation form of joint and several liability guarantee from the perspectives of the parties， the ligation subject matter and the court jurisdiction， and determines the subjective and objective scope of judgment effectiveness. At the level of litigation subject matter， joint and several liability guarantees that debt has joint and several nature， hierarchical nature and relative independence. At the party level， it can be classified as an ordinary joint action through expanded interpretation， resulting in litigation forms of “joint action”， “separate action”， and “third-party participation”. At the level of court jurisdiction， it is determined by the different forms of guarantee litigation. The judgment on recovery right in a joint action guarantee litigation does not have negative res judicata or enforcement power， and the guarantor needs to file a separate lawsuit for recovery when pursuing compensation. In the separate action， the judgment of previous lawsuits should not have res judicata effect on the principal debtor as a non-party， and the preclusive effect is weakened to the evidentiary effect. In the third-party participation， the binding force of its participation effect can only be recognized while safeguarding the procedural rights of the principal debtor and taking into account the needs of litigation economy and fact-finding.

Key words: joint and several liability guarantee; litigation element; recovery right; res judicata; litigation object