Research On Several Legal Issues Of Joint Tort

Joint tort is one of the important parts in the tort law system. The key of studying on Joint tort is to get a correct understanding that commonality is the essence of it. There are abundant academic views of "commonality", however, the subjective theory, the objective theory and the compromise theory are the most representative ones. This thesis researches on some typical and important legal issues in Joint tort system which proceeds with the sense of the theories and essence of commonality. The paper consists of five parts besides introduction and conclusion.The first part is the analysis of the basic theories. This section introduces and analyzes the concept of joint tort, then summarizes and concludes the general characteristics from its expression so as to clarify that the commonality is the essence of joint tort. Beginning with the "joint intentional theory" and "joint fault theory" in the subjective theory, this part analyzed the both "joint conduct theory" and "joint relating theory" in the objective theory, and compared the connotation of the compromise theory. We concluded that the amendatory subjective theory is better accord with the legal nature and value orientation by weighing the pros and cons of the numerous theories.The second part is researching on the legislative cases of Joint tort. In this section we illustrated and analyzed the legislation status quo of joint tort in Germany, France, Japan, China Taiwan, Britain, the United States and mainland China respectively. Contrasting among the countries or the areas, and considering the evolution and development of each one, we talked about the legislation and value from the angle of the diversity of economic foundation and legal behalf, which is favorable for the improvement of our legislation, and favorable for the application of judicial practice in joint tort area.The third part is the identification of several specific joint torts. This section described three typical constitution of liability of joint tort, which are jointly harmful conduct, jointly dangerous conduct and abet or assist. Afterwards defined the scope of these three types and analyzed the relationships among them based on the "commonality" that described in the first part.The fourth part aims to make a comparison between the joint tort and other relating torts. In this section, the analytic method were taken to do some research on No contract meaning tort by more than one person, abet and assist which are not belong to joint tort, gang tort and partnership tort, which actually are not joint tort though some similar characteristics and close relations are existing. Above that restated the inherent category of joint tort and clarified the boundaries among them.The fifth part is the liability of joint. This section not only covered the basic theories of the liability of joint tort but also advanced some specific operations about it. Focusing on fault liability principle to demonstrate that we should take fault liability principle as the cardinal attributing principle, and make the method of construed fault liability, the method of no fault liability, the method of equitable liability as assistants. Afterward, we described dialectical relationship between the joint tort conducts and the burden of the joint and several liability in detail, advanced the internal and external burden manners of the joint and several liability, which took all the factors that like legal nature, value foundation and rationality into consideration. Finally, discussed the application of the joint tort and joint and several liability according to the specific provisions of the Tort Law of People'Republic of China.