Analysis On Highway And Injures Joint Tort Of Joint Liablity

Infringement dispute case on Highway is common case in judicial practice It often focus on the controversy over whether the highway and injures constitutes joint tort behavior and what liability form they assume. This paper selects the "Ninghu highway causing person case",which is very typical case..The author will analyze the two aspects above.Whether highways and injures consist of joint tort behaviour or not.the highway thinks it has no common fault with injures,so they will not constitute joint tort;but the victim deems the highway has some fault insafety obligation,and shall assumejoint tort liability. Considering bearing form of liability, the highway usually think it and injures have no common fault,so they does not bear joint responsibility for compensation; while the victim thinks the damage belongs to joint tort behaviour from highway safety obligation and injuring action, so the highway shall bear joint responsibility for compensation.In view of the two aspects of the problem above, because highway infringement disputes mostly belong to the unconscious liaison common infringement case, so this paper analyzes joint tort from the causality imputation principle, the non-fault liability principle to, objective imputation principle and common tort law legislation value orientation.Then, in what responsibility form the highway bears, this article analyzes joint liability from disadvantages of joint tort joint liability, the legal characteristics of joint liability and the legal basis for security obligations However,at present,because relevant laws and regulations and the judicial interpretation on the joint tort and joint liability issues are abstract and chaos in China, so finally the paper analyze some relevant laws, regulations and judicial explanation rationality, and puts forward some reasonable Suggestions.about joint tort joint liability of the determination, legislation and highway improving their own management.