On The Compounding Torts

This text mainly probes into the issue of complex encroach rightsubjective form.Chapter One Commentary of the theory to encroaching righttogetherSection One Legal regulationThe regulation about common encroaching right in law: The article 130of "General rule of the civil law", The second paragraph of article 2 of "TheSupreme People's Court about is it get an electric shock personalcompensation for damage case several explanation of issue to handle",Article 148 of "Several questions of the Supreme People's Court about theimplement of 'General rule of the civil law'suggestions", Article 3 of "TheSupreme People's Court about handle personal compensation for damagecase applicable law several explanation of issue", Article 4 of "The SupremePeople's Court about handle personal compensation for damage caseapplicable law several explanation of issue". In these articles the article 130is the basis, because the common of common encroach right is not clear, soit's controversy in theory and practice. "The Supreme People's Court abouthandle personal compensation for damage case applicable law severalexplanation of issue" not only makes sure of concept of common encroachright, but also has new views in the theory of common encroach right, it'smeaningful and affirmative.Second Two Academic viewsThe most important views are: the subjective view is necessity of havingcommon subjective faults; the objective view means no meaning connection,only have plural conducts, and have one result; combining views andcompromising views mean analyze this question from subjective conditionand objective condition; combining meaningful views and behavioral viewsis combing the views of common meaning and common conduct.Section Three Treatment of the case to encroaching right together inthe judicial practice of problem in the judicial practice, often differentjudgment result appears because of difference which the judge realizes.Chapter Two The construction to the theory of compoundingencroach rightSection One Reasons of putting forward the construction to the theoryof compounding encroach rightIt is the necessity to research the form of compounding encroach righttotally; It is the necessity to research the subject of compounding encroachright respectively; It is the necessity to research the theoretical study andlegal practice.Section Two Basic concept and frame of the theory of compoundingencroach rightThe conception, legal characteristic and the form of expression ofcompounding encroach right: Concept, compounding and encroaching right,it is as to single encroachment of right, refer to more than two actors, whetherthere is common fault subjectively in it, no matter how combination form ofits behavior is, it injures the behavior causes the same a kind of encroachmentof right form which damages the consequence, namely the so-called "manyreason of a fruit".Legal characteristic of compounding and encroaching right: The subjectof encroaching right must be a complex number to compound; The subjectiverespect of compounding and encroaching right does not need the commonfault; Objective respect encroached right to compound need commonobjective behavior in other words in objectively about connect commonbehavior with, the harm consequence caused is the same, the inalienable one;Several compound behavior of infringe and damage result have causality;The object encroached on is a civil right that the civil law protects tocompound and encroach right.The composition important document of compounding and encroachingright has: Encroach right complex number nature of subject and damage theidentity of the consequence. Responsibility encroached right to compoundbear, joint liability or the specific one, according to a responsibility.Compound type that encroach right, divide into encroach right andindependent encroachment of right that compound together. Encroach righttogether, mean that more than two infringes are having common faultsubjectively, or though there is not common fault subjectively, its objectivebehavior is being combined together directly, cause the same to damagecomplex of consequence encroach right the form. Encroach right and bearjoint liability together. The independent encroachment of right compounding,mean that more than two infringes are not having common fault subjectively,just objective behavior indirect combination its, cause the same to damagecomplex of consequence encroach right the form.Section Three Value of the theory of compounding encroach rightOn the basis of inheritance and absorption of joint encroach right toperfect and develop the theory of compounding encroach right.Strength the theory of compounding independence encroaches right atthe same time of paying attention to the research of theory of joint encroachright.Having firm attention to the conception of joint encroach right andcompounding independence encroach right, settle the problem of the incompatible of concept of complex encroach right without subjectiveconnection and joint encroach right.Chapter Three Several relevant questions of the theory thatcompound and encroach rightSection One The understanding of "many reasons to one fruit"To "it is the many because one fruit" understanding compound not it isin essence to encroach righting "the many reason" encroach right, itencroaches right to be "many reason of one fruit" too together, it is a lot ofbehavior reason that combine for a reason of encroaching right, cause a harmresult together. The torts of a lot of infringes exist; there is a lot of behaviorsreason, " many reasons" that is to say. The encroachment of right on thebehavior of a lot of infringes, combine for a reason of encroaching right infact, "one reason" that that is to say. It is in behavior "it is the many" beexisted by first objectively and encroach right because "for what law regardas, "many reason" on can't because at the behavior, deny "one reason" had toencroach right, same, can't encroach right "one reason" that have, deny"many reason" of behavior either, as to correct to understand and is itencroach right form together to know, the two are all valuable. Is it encroachright theory encroach right the causality of the form together, fromencroaching right to damaging the causality roller chain of the consequenceto compound, lengthen for reaching to encroach right from the behavior,reach a causality roller chain such as the consequence of damaging, is itencroach right causality "more because of first fruit" together to reducefinally.Section Two The understanding of range of compounding encroachrightTo encroach right understanding fault responsibility of range principle toencroach right law's most basic returning the responsibility principle together,but the fault appearing afterwards infers that the principle, liability withoutfault, fair responsibility principle are essential. Encroach right law belong toresponsibility principle modern governed by law spirit development embody,for range encroached right together to confirm being to have theory directivesignificance. Insist subjective common fault it says to be essential, subjectivecommon fault at the same time is it have limitation to say, can't it say, give torational composition that say objectively proper to it absorbs to be essentialtoo objectively to repel totally. Judicial explanation of the Supreme People'sCourt encroach right range is it have several people situation that thebehavior will be combined directly of encroaching right that meaning get intouch with to expand to together, it is the significant development to theory ofencroaching right together to accord with modern judicial idea, this text hasadmitted and adopted this view.Section Three The understanding of several persons encroach rightwithout intentional linkTo have no intention of several understanding that people encroach rightgot in touch with to think to encroach right concept and definition of rangetogether, influencing having no trend that several people whose meaning getin touch with encroach right directly, several people whose meaning get intouch with do not encroach right, without its one's own independent character,the position is uncertain. Several people whose meaning get in touch with donot encroach right, the principle without unity in responsibility is born, it isuncertain too. Because one's own status, range, uncertainty that belong to its,...