A Joint Tort Study On Some Specific Problems

Joint tort is a kind of more complicated form in the torts. Although the theories and provision of laws relating joint tort are gradually perfect,they still have some some lack,and can't adapt the demand of the social activities that change much. Therefore, in order to make this theories develope with the times,research about tht joint torts is needed urgently.The writer,by studying and rearching on the theories and laws about the joint tort,gives some ideas about the the essential defination,the categorization,constituent element and the undertaking responsibility .In addition to the prologue and the epilogue, this essay is divided into five parts, among which the last four parts are the sticking points.The first part, introduces the histories of joint tort and the present condition of our country, and discusses the gist of laws about the joint torts.The second part, investigates the essencial defination and law characteristics of joint tort,with a developing vision. This part ,by combining the provision of the current laws of our country and its tenents,define the joint tort with the classification theory. That is, to difine it from the subjectives and the objectives,by classification. At last,summarize the characteristics of the joint tors,accoring to the defination.The third part, studys the categories and its constituent elements. According to the idea of classification, the writer first classify thejoint torts:to see it as a general provisioned divides it in two ways:in the first way,to classify it as general joint torts and special joint torts acconding to the pinciple of responsibilities;in the second ,to classify it as joint torts with joint faults and joint torts without joint faults,the former includes the joint injuries and joint torts of aid and abet;and the latter includes joint torts with ceatain inflicter and the joint dangers. In the end ,analysis the constituent elements of different kinds of joint torts.The fourth part,which is the purpose of this research,studies the undertaking responsibilities. In the writer's idea,the principles of responsibilities in our country includes the fault-based responsibility principle, nonfault responsibility principle and the fair responsibility principle. Owing to the realities of our country ,the fair responsibility principle should still be a reasonable one. And also ,the common liability shoud still be the only form of the responsibilities for the joint torts.The fifth part,analyses the present condition in the law system about the joint tort,and gives some advices on rebuilding the law system of joint tort.In conclusion,based on the classification idea,the writer gives much research on the essential defination,the categorization,the constituent element and the undertaking responsibilities,and makes effort to reconstructive the legal institution about the joint torts in our country.