Study On Legislation Of Accidental Joint Tort

In China, whether Theorists or practitioners regard that accidental joint tort as a common form of Joint tort; But as Chinese economic and society developed, infringement cases is more than before, and more complex. If we still make accidental joint tort as joint tort when we deal with the cases, which is against the common principle of fair and equitable. Whether accidental joint tort could exist as an independent form of infringement or not, domestic and foreign scholars have different views. But in China we need to combine to judge China's national conditions. Since China Promulgated the "Tort Liability Law ", accidental joint tort exists independent from the joint tort as a kind of tort, which has legislative and judicial practice significance. However, it is so simply that we couldn't determine the share of responsibility without specific provisions and interpretation. This study not only makes our tort system more complete; and we could learn from it on legislation and judicial practice.This paper consists of three parts:The first part introduces the concepts and elements infringement of accidental joint tort. Though analyzing the theory of accidental joint tort, we could understand it deeply. And at the same time I compare accidental joint tort with some other similar violations.The second part mainly introduces the major nations and region of the two legal systems on the related legislation. And comparing the differences between them to provide the reference for our country's the improvements of the legislation.The third part mainly analyzes the current situation and the defects of China's legislation. And in order to improve our country's legislation, I would analyze the standards and accountability of accidental joint tort of responsibility of infringement.