Study On The Liability Of The Torts Committed By Multiple Persons Respectively

After the “General Principles of the Civil Law” was promulgated and implemented,the legislative process of various branches of the Civil Code also continues to be promoted.According with the idea of compiling the Civil Code,the chapter of tort liability,as a model with Chinese characteristics,is based on the framework of the Tort Liability Law and basic rules.Therefore,the study on the rationality and logic self-consistency of certain specific provisions in the Tort Liability Law has both theoretical and practical significance.The study on the torts committed by multiple persons has always been the focus of researches on the Tort Law.This article takes the general rule system about torts committed by multiple persons in Tort Law's general provisions as a research background and uses the value analysis method as the basis to find the balance of rights and interests of various parties in the legal relationship of torts committed by multiple persons respectively.At the same time,this article comprehensively uses comparative law research methods,in order to compare,study and reflect on the rationality and legitimacy of the current legislation in China of the torts committed by multiple persons.Through combing legislation and judicial interpretation,we figure out the non-circularity in the logical system on the researches which divide torts committed by multiple persons into joint torts(including joint dangerous behaviors quasi-joint torts)and torts committed by multiple persons without intentional connection if we still use the intentional connection as a standard.The part of torts committed by multiple persons in current tort legislation is divided into three types: joint torts,joint dangerous behaviors and torts committed by multiple persons respectively.The article also defines the concept of torts committed by multiple persons respectively,which is the logical basis.Due to the increase in the number of injurers,the constitutional rules of separate torts obviously cannot meet the needs of judging the structure of such torts.There are three common elements of torts committed by multiple persons respectively: the first one is the pluralism of the responsible subjects;the second one is the independence of the injurious acts;and the third one is the identity of the damage scope.The independence of injurious acts is an important criterion for distinguishing joint torts from separate torts,because there are multiple responsibility forms of torts committed by multiple persons respectively,while joint torts only correspond to joint liability forms.Therefore,how to define joint torts and torts committed by multiple persons respectively is a focus of this study.Through argumentation,we can make a better balance and adjustment of the scope of joint torts and torts committed by multiple persons respectively using intentional connection of injurers as criteria,more specific,no intentional connection of injurers is a precondition for judging the composition of torts committed by multiple persons respectively.There are three types of performance patterns of intentional connection: common intention,common negligence,and intention combined with negligence.In this paper,the classification of tort types is based on causality.It is found that torts committed by multiple persons respectively can be divided into cumulative causality type and partial causality type.In addition to these two types in Tort Law article 11 and 12,there is still one type of torts unspecified,that is,separate torts of partial cumulative causality.After the constitution and classification of the torts committed by multiple persons respectively are discussed in details,the article discusses the issues of the injurers' external liability forms and the sharing rules of internal liability,that is,a complete research of liability assignments between injurers and victims and among different injurers.In particular,the article makes a further research on the legitimacy of the internal recovery of the joint liability of torts committed by multiple persons respectively,and the determination of the recovery assignments.Giving the compensation rights to the injurers who have already taken the responsibility more than their liability shares is in conformity with the legislative purpose of Tort Law and requirements of correcting justice.This article also demonstrates the nature of sharing liability of torts committed by multiple people respectively,which has the same liability nature both inside and outside.The reasonable structure of the litigation models of torts committed by multiple persons respectively is based on the nature of such liability regulations and the procedure law.The determination of partial joint liability in torts committed by multiple persons is of great significance to betterment the general rule system of torts committed by several persons.It is necessary to discuss the constituent elements,liability forms and internal liability sharing of torts committed by multiple persons respectively as well as how each party competes in the litigation fields,for the reason that the separate tort is an important type of the system of torts committed by multiple persons.This article is also based on the logical consequence from constituents to consequences to structures of procedure forms.Problems are identified and solutions are proposed in such process.Immediately comes the Civil Code,it is necessary to further improve the general rules for the system of torts committed by multiple persons in order to make it more scientific and reasonable.