Research On Several Issues Of The Joint Tort System

Tort is the most difficult subject of all legal areas to lay down all-embracing principles for. Whereas tort cases often happen in the real life, for the purpose of protecting the legal right, the law of tort is necessary. Recently, cases of numerous tortfeasors are common occurrence, whereas the current law of the joint tort is not integrated and systemic in our country, so that the joint tort is one of the parts of the law of tort needed to be discussed.On the basis of two principal functions of the law of tort which are compensation and damage prevention, this thesis aims at discussing what the joint tort is and the civil liability of tortfeasors, and also suggesting to legislate by the way of type to integrate and systematize the law of tort. The paper falls into three parts, as shown in the following:Part One: The cognizance of the joint tortBase on current laws in China, this part dissertates the cognizance of the joint tort by the way of type after making the quality of it clear. There are three categories of the joint tort based on some character, and this part cognizances these categories respectively. Firstly, the joint tort is only prescribed in the civil liability of law in China, although the succedent interpretation of the Supreme People's Court prescribed further, faced to the various joint torts in the real life, current laws are not enough. Study further is necessary. Whereas whether the joint tort belongs to the common tort or the exceptional tort is the precondition of the study. The dispute never stops: some scholars consider that the joint tort should belongs to the common tort; some consider it belongs to the exceptional tort. In fact, the differentiation between the common and the exceptional is ambiguous. The author thinks that the joint tort belongs to the exceptional tort. Because of the various instances, the joint tort has not the same changeless constituted elements, and the differentiation is not only the...