Research On Civil Joint Torts Responsibility And The Analysis Of Cases

The Tort Law of the People's Republic of China, which is high-profile, adopted at the 12th session of the Standing Committee of the Eleventh National People's Congress at the end of 2009, and has come into force on July 1,2010. This law is another important regulation after the Property Law in the civil field. The Tort Law of the People's Republic of China is so vital, the key is that it is not only our Civil Fundamental Law, but also an important act for the protection of private rights and Relief, which has laid a good foundation for the future development of China's Civil Code.Joint torts is the particularly important regulation in the Tort Law. The laws and regulations on joint torts is constantly being added and improved, especially when the Tort Law was come into force, the attention get an unprecedented height, various situations on joint tort conduct are involved. This thesis discusses the development on joint torts from theory with the related articles in The Tort Law. The thesis is divided into four parts:Firstly, this paper discussed the legal application of joint torts with cases, especially focused on the Article 11 and 12 with detailed discussion and analysis.Secondly, the development of joint torts in China was analyzed and meanwhile, the common risk behavior and the conduct what one abets and assists another person in particular was discussed especially.Thirdly, this paper discussed the types of joint torts. From my point of view, I put joint torts into two categories:typical joint torts and legal fiction joint torts, and stated them separately.At last, this paper expounded the characteristics, reasons of arrangement and significance of joint and several liabilities in joint torts.In my opinion, conduct and responsibility of joint torts is still a controversial question until now. we must adhere to the dialectical view to analyses and discusses, not only with a large number of judicial practice, but also absorbs and refers outstanding legal achievements at home and abroad, and applies the reasonable part to our country in order to solve the emerging legal problems.