Research On The Types Of The Joint Torts

The joint tort takes an important part in the law of torts and utilize extremelyuniversa l in the theory and practice. Each kind of infringement harm must drawsupport from the use of tort's rule to provide the full relief to the obliged . Butsometimes each kind of harm not merely is the result of by one person, but frequentlybecause of the multi-person's participation. The joint torts system is a lega l system thatguides the harm creates by multi-person.The first part of this article is the discussion of the present research situation onthe joint torts. First, the article analyzes the existing type s of the joint torts, carries onthe comparative analysis from the ma inla nd lega l system and the British and Americanlega l system angle, and elaborates the development history of the joint torts in ourcountry. Second, the article studies on the present situation about the concept and theessence of the joint torts. After synthesis lega l rules and various theories , the articlehold that the joint torts is refers to above two (i.e. most) tortfeasors who infringe otherpeople's rights and interests and create the identica l harm consequence together toother people should undertake the joint and severa l Liability. Third, after compared thetype s of the joint torts of various countries and after carried on the full proof, thearticle establishe s the lega l policy which tallies with the present age socia ldevelopment tida l current and the tendency. Based on this foundation the articlechoice s the legislation technology and the pattern that could cause the system of law oftorts harmonious and divides the types of joint torts according to the principle of setliability of the law of torts, so it can give a more concrete standard to recognize the joint torts. The author advocates the joint torts should divide three kinds of types : theCommon Fault Joint Torts, the Non-fault Joint Torts and the Mixed Joint Torts.As the core of the article, second part of this article separately elaborates theconcrete type s of these three kinds of joint torts. Theoretically the article differentiatesthe alone torts with Multiple Tortfeasors, and propose that we should establish'themistake common traits'as the substa ntive characteristics in the genera lly torts, thusdivide the type s into two types: the common intention joint torts and commonnegligence joint torts; In the torts that follow the non-fault responsibility principlewe should establish'the behavior connection common traits'as the substa ntivecharacteristics of the Non-fault Joint torts; In addition, other type of joint torts arecalled the mixed joint torts, and propose the substa ntive characteristics of this kind ofjoint torts is'the causa l relation between infringement and the indivisible harm result.The third part of this article is the expla nation about the joint torts'lega l effects.It give s the detailed expla nation separately about the joint and severa l liability, thecontributory negligence and the share of the liability, the lega l effect of settlement onjointly and severa lly liable tortfeasors'partia l liability. The lega l effect of joint torts isthe tortfeasor undertakes the joint and severa l liability to the injured, carries on theshare according to the responsibility share the interior; when the claimant reconcilewith the compensator, the responsibility assignment carries on according to thecomparison responsibility share. This article tries to correct some mistakes of thejudicia l practice, and construct the joint torts'lega l effects a new pattern.Finally, this article draws out its own conclusion after the analysis on the whole.The author expects the article can provide reference for our country's civil code, guidethe judicia l practice in the types of joint torts, and advance our country gradua lly aboutthe researches on the joint torts .