Research On Joint Tort Liability

At present, our government is constituting tort part of the civil law. Joint tort, as a main part of the tort law is distinguished from individual tort and appears complicated for its essence characters,key elements,and the remedy methods. The present law regulates principled and simple in this field, and lacks remedy methods in legislation. In the civil theory domain, scholars are still disputing about the joint tort, so are those in the judicatory practice domain, when they judge applying to the joint remedy methods. Especially in the area of how to respond the remedy, the research emphasized particularly on the action of torts,the related liability in the past. The core of the question should be the liability of several doers or the right of the victims. Because torts are one of the causes of the creditor's rights, the joint torts cause joint creditor's rights and in sequence the remedy methods vary. This thesis starts from this point, further to analyze the joint tort from the liability for infringement of rights angle, review the various remedy liability including the related and shared which should be taken by the several obligors, in order to design a more reasonable system to solve the practical problem.The thesis contains six parts. The first part is the summaries of the joint tort liability, discussing the concept and the character of the joint torts, and the forms of the joint liability, further to define the contexts of the words for the sequent disscussion. Part two to five presents the detailed form of the liability including the joint, the shared, the non-genuine joint, and the compensatory joint liability, and each part is made up of the general situation, the sphere of application and the rules of the application in terms of the liability. The last part comments on several tort law drafts, and raises some relevant perfect opinions.