Research On Several People's Tort Without Joint Fault

Several people's tort without joint fault refers to this situation in witch those people don't have joint fault, and their behavior also is mutually independent, but their behavior cause the same victim to suffer the identical damage as a result of occasional concurrent in the same time and the place. In the problem of actors'responsibility witch they should undertake in this kind of case, the courts'practices are entirely different. Some adopt the practice of respective responsibility, and others adopt the practice of joint responsibility. Therefore in order to reduce the bifurcation, and insure the similar case to be processed similarly, it is necessary to detailedly discuss the crucial question of several people's tort without joint fault, like meaning, the classification, the distribution of responsibility and so on. This article can divides into three chapters except for the introduction part; primary coverage of each chapter is as follows:First chapter synoptically stated several people's tort without joint fault, it has covered two questions: First is the concept limits. I thought that it is appropriate to use this concept of"several people's tort without joint fault"rather than"several people's tort without intention liaison"; Second is the difference between several people's tort without joint fault and joint tort, concurrent of cause of tort. I thought that several people's tort without joint fault has overlapping or the superposition part with latter ones on the behavior modus, but it is one kind of special modus of tort, and independent outside latter ones.The second chapter mainly discussed the problem of classification of several people's tort without joint fault. This part first elaborated three different classified methods, namely"the direct integrating and the indirect integrating of several people's tort without joint fault","the separable damage and the inseparable damage of several people's tort without joint fault"and"the accumulated causality and the combined causality of several people's tort without joint fault"; Then I evaluated these three kind of classifications one by one. Through above analysis, I thought that the classified method of"the separable damage and the inseparable damage of several people's tort without joint fault"is appropriate. Here so-called"separable and inseparable damage"refers to the separable and inseparable damage in legal. The standard to weigh the damage in legal is separable or not is that whether there have a reasonable foundation on witch we can distribute damage liability to each defendant according to certain proportion, if there have such foundation, it is considered that the damage is separable; Otherwise, the damage is inseparable.The third chapter mainly discussed the problem of the distribution of responsibility of several people's tort without joint fault. This part first elaborated three different distributions of responsibility patterns, namely respective responsibility, joint responsibility and compromised responsibility; then evaluated these three kinds of patterns one by one. Though above analysis, I thought the adoption of compromised pattern is appropriate. Here so-called compromised pattern refers to stating with the concept of several people's tort without joint fault, and detailedly disjoint several people's tort without joint fault into certain classified behavior, and then adopt the respective responsibility pattern or the joint responsibility pattern according to different classified behavior. Says specifically, is to divide several people's tort without joint fault into"separable damage and inseparable damage"these two kinds of classifications and the former applies to the respective responsibility the latter applies to the joint responsibility. In addition, in last section of this chapter, I differentiate and analyze the rationality of applying to the joint responsibility of several people's tort without joint fault witch damage is inseparable, and thought that it is reasonable for several people's tort without joint fault witch damage is inseparable applying to the joint responsibility.