Joint And Several Liability In Tort Law

This article is divided into three chapters. The first chapter studies the basis of the joint and several liability in tort law Joint and several liable system provides careful protection to the victims, but also is very extremely strict on the infringers. The scope of application of it can not be arbitrarily reduced and expanded. Otherwise, the victims are lack of adequate compensation and infringers are treated unfairly. At present, on the scope of application of joint and several liability, there is a controversy on theory and blank on at the Legislation. The Basis of the joint and several liability based on the following four categories: common infringement behavior, joint dangerous action, tort committed by several persons without meaning connection, the tossing thing. Together jointly and severally liable for harm caused by acts and in theory there is no controversy in the theory and legislation that joint and several liability can be caused by common infringement behavior. But there is no controversy that joint and several liability can be caused by joint dangerous action or the tossing thing. And Attribution basis that tort committed by several persons without meaning connection causes that joint and several liability is controversial. This article will put forward the views after introducing a variety of theories.The second chapter studies the responsibility shares on the joint and several liability. This chapter is divided into two parts. The first part of the study is co-offender's responsibility, joint and several liability for victims are not sub-share, regardless of the order in accordance with the request of the victim's liability. The second part studies The responsibility shares within co-offenders. Joint and several liability is based remains of domestic duty, the duty must be clearly within the principle of distribution, when the offender bear more than its share of responsibility for compensation, he can exercise recovery of the right to other offender who do not bear his responsibility shares.The third chapter studies how to improve the system of joint and several liability in Chinese tort law. First of all, on our country on the theory and judicial review of the issues exist. In the legislation, the right to reparation for violations of common people to give up some of the people of the consequences of the claim, and the principle of joint and several liability does not match. Secondly, the development trend of joint and several liability in Chinese tort law and American tort law is studied. In the United States, the basis of joint and several liability has been challenged in modern society, its scope of application has been bound by the general. The scope of application has being expanded in Chinese tort law. Finally, this article will put forward the suggestion to improve the joint and several liability in Chinese tort law.