Comments On The Content Of The Tort Committed By Several Persons Without Meaning Connection

Science and technology is highly developed in modern life, a large number of new products and technology, transportations are widely used. The chances that people might get hurt from multiple violations are increasing, and the damage is often beyond the reasonable person standard. There forms a typical tort committed by several persons which is from a variety of complex reasons and cause the same damage. The tort committed by several persons without meaning connection is this type. In the multiple persons' tort system, the differences between joint tort and tort without meaning connection must tell. Based upon strengthening protection of the injured, tradition joint torts theory persisted in subjective common theory and tends to objective common theory as the society is developing. However, integration of multiple persons' tort system with no common intention or meaning connection into the joint torts system undermines the current framework of joint torts system leading to the confusion of the multiple persons' torts system and the mess of joint tort system determination in judicial practice. How to distinguish the tort committed by several persons without meaning connection and other multiple persons' tort? What is the essential character of the tort committed by several persons without meaning connection? What are the similarities and differences between the tort committed by several persons without meaning connection and other multiple persons'tort on liability? To solve this series of questions, we have to solve the problem of the content of the tort committed by several persons without meaning connection first.Tort Liability Act did not define the definition of the tort committed by several persons without meaning connection. This paper tries to critically learn from scholars'theoretical definition of the tort committed by several persons without meaning connection, analysis the basic elements of its content. By means of analyzing its definition and nature, the author concludes that the difference between the tort committed by several without meaning connection and joint tort is "negligence of meaning connection"; the difference between the tort committed by several without meaning connection and the common dangerous acts is that every infringer's violation is one of the reason which cause the same damage. The author intends to use comparative and classified methods to compare some scholars'classification theory and critically learn from them. The author appraises the classification pattern which classifies the tort committed by several persons without meaning connection into the types of the cumulative causes and combined causes, on which to analyze the liability. This paper compares to other countries regulation and legislative attitude of the tort committed by several persons without meaning connection with the Tort Liability Act. As the western scholars began to question the reasonableness and fairness of the joint liability, researches on the tort committed by several persons without meaning connection is heading into a new level. To build a reasonable several persons'tort system, highlighting the principle of own responsibility and the principle of fairness, to choose the best balance between freedom of act and protection of rights, we have to re-examine the content of the tort committed by several persons without meaning connection to provide a useful exploration on this type of tort of regulation and fair treatment.