Constitution Of A Joint Act Of Tort And How To Hold A Joint Act Of Tort

The more the economy, science, and technology developed, the more the division and cooperation of social production were needed, and meanwhile, the more the contributory infringement appeared. There have been arguments on how to hold a joint act of tort, although judicial interpretation of the Supreme Court regulated a lot about it, for the abstract theory of direct combination and indirect combination. In fact, different standards and understanding always caused different solution results in trail practice of cases involving contributory infringement, which made it necessary to make uniform rules for the questions related to joint tort. This article is based on the experience of the author, and analyzed the theory of contributory infringement for the purpose of resolving related problems.As for the nature of joint tort, the author preferred to the compromising theory, i.e., all infringers should be responsible for the damages they made jointly and severally, as long as torts act of them leaded to the same damages directly, either with joint fault, including joint intention or negligence, or the action of infringers associated with each other objectively, even if without joint fault. Based on it, joint tort consisted of two kinds, which is broader than traditional theory about it.Joint dangerous act related to joint tort, was called quasi contributory infringement, which meant two or more infringers made dangerous act, resulting in damages, should compensate to right owners jointly and severally. In tort cases involving partnership, although only one of the partners made tort when he acted for the collection, all partners should be responsible to it jointly and severally. There was no regulation of no-real joint and several liabilities in China, which was almost caused by concurrent legal relationships, and was different from joint tort.In joint tort and quasi joint tort cases, right owners had rights to choose part of or all debtors to compensate their damages, and meanwhile, debtors who had compensated had rights of recovery against those who hadn't fulfill his obligation or hadn't fulfill obligations adequately.What's more, we should perfect our regulations of joint tort in present legal system.