Category Of Joint Tort

Joint tort is an importance part within the act of tort. The usage of joint tort is all very widespread in the theories and the practice. However the provision is little in our national legislation and judicial interpretation, the controversy in theory is much, the processing of the judicial fulfillment also have much incompatibility and missing. From the theoretical analysis, the three categories of joint tort are: act of joint trespass, act of joint hazard and tort of aid and abet. The author remark on internal and abroad various doctrine and crucial theories issue, explain the constitutive requirements of three kinds of joint tort, reveal the essence differentiation and the responsibility of three kinds of joint tort. In light of internal and abroad legislation, the three categories of joint tort are: act of joint trespass, act of joint hazard and tort of aid and abet. Act of joint trespass is a special Tort. Act, Detriment, causality and fault, they are common constitutive requirements. Joint subject undertake joint and several liabilities because of the "joint". The special constitutive requirements: 1 the plural of the subject. Two or multiple subject, include the person limited in disposing capacity and the person of no civil disposing capacity; 2 Joint intention or joint conduct. The joint and several liabilities are from the joint intention; on the other hand, the joint and several liabilities are from the joint conduct. When the multiple subjects have no joint intention and the detriment is not divided in judicature, the combined conduct of the subject is joint tort; 3 Integrated result. The joint wrongdoers undertake the entire liabilities for the detriment of the joint subject. The liabilities of act of joint trespass:1 The joint and several liabilities of the joint wrongdoers. Suffer can't exempt the liability of special wrongdoer; 2 Wrongdoers undertake average liabilities. 3 When special wrongdoer undertakes the entire liabilities, he has right of recourse. The constitutive requirements of act of joint hazard:1 The plural of the subject. Two or multiple subject, include the person limited in disposing capacity and the person of no civil disposing capacity; 2 Hazard of act. The conducts of joint wrongdoers are in the same time or a connection, on the other hand, hazard is a probability and for no special suffer. 3 Wrongdoer is not special. Wrongdoer can't be check and verify in judicature. 4 The joint wrongdoers have joint faults for the detriment. This is a construction in judicature. 5 Integrated result alternative causality and constructive causality. The liabilities of act of joint hazard:1 The joint and several liabilities of the joint wrongdoers. The reason is constructed joint faults for the detriment; 2 Joint wrongdoers have constructive faults. If one wrongdoer can testify that he isn't the true wrongdoer, his liability could be exempted; 3 Suffer can't exempt the liability of special wrongdoer. If the suffer exempt the liability of special wrongdoer, the entire liabilities of joint wrongdoers will be exempted; 4 Wrongdoers undertake average liabilities, because their probabilities for detriment are equal. The conception and characteristics of law of tort of aid and abet: Abet mean to incite somebody to do a act of tort; Aid mean to help somebody to do a act of tort. The characteristics of law of tort of aid and abet: tort of aid and abet can incite or help somebody to do a act of tort; aider and abettor don't do a act of tort by themselves. The tort of aid and abet is an auxiliary act; the abettor has willfulness, the aider has willfulness or fault. The reason of responsibility undertaking and the liabilities of tort of aid and abet: The abettor has willfulness of inciting, he doesn't do the act of tort, his willfulness is the reason of responsibility undertaking; the act of aider is the reason of responsibility undertaking. The liabilities of tort of aid and abet: 1.basic principle: There are much differences between aid and abet. Their liability should be differentiated. The related provision of judicial interpretation of general rules of civil law is controversial. 2.Principles of dealing with each case on its own merit: Capacity of act and capacity of liability were not be differentiated in general rules of civil law. The logical interpretation is that capacity of act contains capacity of liability. It is wrong; When the aided and the abetted are the person limited indisposing capacity and the person of no civil disposing capacity, the qualifications of their tort will be joint tort is that the act of aid and abet serve as a final or interrelate part; the qualifications of subject are not be considered in general rules of civil law, act of aid and abet on different capacity of act position is not be analyzed. The subject should undertake different liabilities on different capacity of act position.