On The Quasi Joint Act Of Tort

In practice, there is an instance in which it is unable to find out who is the exact infringer for several people all may infringe. For such case, there is no provision in the civil law of our country. But there has already been the institution of the quasi joint tort in the foreign country. In order to maintain the public safety and fully protect the interest of the civil subjects, the institution of the quasi joint tort should be established in the law of our country. The main difference between the quasi joint tort and the general joint tort is the meaning of "joint". The former emphasize the possibility of multi action result affecting the same object without subjectively joint intention liaison; The latter requires the multi doers to have the joint intent or negligence. The constitutive requirements of the quasi joint act of tort include: First, the doers who take part in the joint danger action are multi subjects. Second, the doers of the joint danger action must cause the joint danger circumstances. Third, the harmful consequences to the plaintiff have occured. But the exact inflicter can't be found out. Fourth, there must be legal causality between the harmful consequences and the joint danger action.Fifth, the joint danger circumstances must be in the "same time", in the "same place"and cause the "same harmful consequences". Sixth, the joint danger doers must have the fault to forecast that the danger action may cause the harmful consequences. In order to rightly deal with the case relating to the joint act of tort, several difficult and doubtful points should be mainly solved. First, well and truly designate the scope of the joint danger people. Second, clarify the distribution principle of adducing evidence. The quasi joint act of tort applys inversion of the burden of proof. The defendant has the burden of proof for that there is no causality between his action and the harmful consequences. Third, ascertain the grounds for exemption to the danger doer. Fourth, deal with the entity. The joint danger people are jointly and severally liable for the plaintiff in equal proportion. The doer enjoys the right of claim. But this right must be exercised aftert the loss of the plaintiff be completely compensated.