Study On The Joint Harm Behavior

The joint harm behavior is the special sense of the Joint-Tort. The main body of this paper is to study the joint harm behavior. The commonality of the joint harm behavior should be the essential problem of the Joint-Tort. There are also different views of this in the academic community. In this paper, we categorize the historical development of the Joint-Tort and the status of the legislation in different countries. We also analysis the value orientation of the legislative system for the joint harm behavior. In term of these results, we discuss in detail and evaluate he three theories of the commonality of the joint harm behavior. Thereby we established the "commonality " of the joint harm behavior should mean the common or related acts. By use of this we analysis the elements of the joint harm behavior and the legal accountability.This paper is divided into six parts. In the first part, we give the historical development of the joint harm behavior and the status of the national legislation. We first analysis the relationship between the concept and the characteristics of the joint harm behavior. We clarify status of the legislative in deferent countries. In second part we study the values of the legislation of the joint harm behavior. We state that the values of the legislation system is the protection of the rights, the fully filling of the damage and the prevention of victimization. The third part is the study of the "commonality" of the joint harm behavior. From the theoretical level, We analysis the three theories of "commonality" in the joint harm behavior on the principle. Meanwhile, we also analysis and review the relevant problems from the practical level. By comparing the three parts of the theory, we draw conclusions of the "commonality" of the joint harm behavior shall mean the common meaning or relevance. In the fourth part, we analysis element of the joint harm behavior. The fifth part of this paper is about the joint harm behavior of the abetting and helping. Through analysis of abetting and helping of the Joint-Tort features and attribution of responsibility we draw the conclusion that abetting and helping are the joint harm behavior. In the last part, we analysis the perpetrators through the common external and internals of two aspects of the victimization of common law liability. Through analysising of the above six parts, we conclude that the "commonality" of the joint harm behavior mean the common meaning of or related acts.