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The Research On Joint Tort

Posted on:2009-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:B WuFull Text:PDF
GTID:2166360242990956Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The question about joint tort is extremely important in the whole tort law theory, and it affects the structure and sequence of the entire tort law. The judicial interpretation later printed, not only fails to calm the original argument in theory, but has brought a new perplexity in practical operation. Now tort law is being printed. On the one hand, it demands us put forward to break the crux, on the other hand, it also offers a rare opportunity to clarify the related issues. Based on the analysis of these theories it can be found, that the traditional doctrine on joint tort is impacted by path dependent theory in a large extent and stick in the mud of traditional thinking and can not be saved. To really solve the problems of joint tort the traditional theory must be broken and the general path of the inspection should be followed. Joint tort is such a kind of torts with complex subjects; an unified injurious consequences of the damage (indivisible whole); on the relevance of the act, such "joint act" meaning subjective relationship and the causal relationship on the basis of the objective reality; on the theory of reason the adequate thinking with amendments according to law and regulation aim should adopted; on the subjective fault state, it should be treated specifically based on circumstances. The types of joint tort should be conducted under uniform standards in scientific classification. According to the subjective criteria, they can be classified as two types: joint tort with contact meaning and without contact meaning. Accordance to the act they can be divided into joint tort with actual behavior, with organization and those abetting, helping joint tort. Different from the general concept that tort of partners causing harm and common risk behaviors should not be included in the joint tort system. The statutory external responsibility of joint tort is joint and several liabilities. Joint tort follows this principle within the shared liability: firstly it should keep to the statutory and agreed standards; and then integrate the extent of faults and the affecting of causes; finally, liability average shared within the joint torters. With times changing, tort law has taken on a new developmental need, so new space should be opened to let the joint tort law grow. This paper attempts to further explore the theoretical issues of joint tort, and make a contribution to the printing of Chinese joint tort law in my own humble way.
Keywords/Search Tags:Joint tort, Constitute elements, Type, Joint and several liability, Joint dangerous act
PDF Full Text Request
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