The Infringement Act Of Several Persons Caused Damage And Its Civil Liability

Aiming at the incomprehensive and unspecific factual situation in the Chinese current laws relevant to the joint infringement liability,《The Interpretation on Several Issues of the Applicable Laws to the Physical Injury Compensation Cases Hearing》 (hereafter referred to as the Explanation )coming into force on May, 1, 2005, breaks the existed intension and extension of the joint infringement liability and defines the joint infringement liability again. Stipulating the infringement acts and their civil liabilities of the joint dangerous act, the infringement act without performing the obligation of safety and indemnification, the several persons caused damage without meaning connection, the Explanation makes the law stipulations of the several persons caused damage and its civil liability more mature and constitutes the great development of China infringement act law. Based on the categories and types of the infringement act, the traditional theory of infringement act law defines the infringement act configuration and distinguishes the types of the infringement act liability further. The search method of the type analysis of the categories of the infringement act has no clear ideas, which results in the ambiguity on the relationship among the infringement acts of several persons caused damage of different configurations. From the perspective of the types of the configurations of the infringement act, the author decides to analyze the infringement act of several persons caused damage and its civil liability as an attempt.The author puts forward the concept of the categories of the infringement act at the beginning of this article and analyzes the contained relationship among such three types as the direct and indirect liabilities, unilateral and ambilateral liabilities, separate and joint liabilities. The general configuration of the infringement liability is the most elementary infringement liability while the joint and separate configurations of the infringement liability are the specific content of the general configuration. Such opinion provides a proper orientation to the infringement liability of the joint configuration and establishes the foundation to probe into the infringement liability of the joint configuration.According to the civil law science principle of the joint debt and the specific stipulations of the civil liability of several persons caused damage of the current laws, this article divides the infringement liabilities of the joint configuration into threecategories of joint liability, proportional liability and supplementary liability and analyzes the infringement act of several persons caused damage and its civil liability of all kinds in the method of classifying the infringement liability of the joint configuration. This Article analyzes the concepts, characteristics and elements of the joint infringement act and the joint dangerous act concretely, differentiates the joint liabilities assumed by the joint infringement act and the joint dangerous act and analyzes such problems as the confirmation of the unitary liability, the external joint liability, the principle of the interior compensation and the exception stipulations of the joint infringement liability in the situations of abetment and assistance to the person with limited capacity infringing upon other persons in the perspective of practice when explains the undertaking of the joint liability. In succession, this article analyzes the elements of the several persons infringement without meaning connection and its relationship between the joint infringement act and defines the several persons infringement without meaning connection of indirect link through construing the significations of the "direct link" and the "indirect link" when explains the situation of the proportional liability undertaking of several persons caused damage. Then the author analyzes the intension of the supplementary liability and its similarities and differences between other infringement liabilities of joint configuration concretely, construes the concepts and characteristics of the infringement act without performing the obligation of safety and indemnification in the guard and determent of the infringement act and its difference between other relevant infringement acts as a emphasis and discusses the external and internal effectiveness of the supplementary liability assumed by such infringement act and the application rules of the supplementary liability when explains the situation of the supplementary liability undertaking of several persons caused damage.Attempting to exercising the perspective or method of classifying the infringement acts of several persons caused damage including the joint infringement act and connecting such acts with corresponding joint liability categories, this article hopes to find the proper locations of such infringement acts in the infringement act theory to comprehend diversified infringement acts of several persons caused damage in theory and practice.