The Tort Committed By Several Persons Without Meaning Connection

Along with the development of society, persons'communication is increasingly frequent, so the torts especially which are committed by several people occur massively. We need to pay attention to How to deal with these questions. Chinese laws have stipulated the joint tort, including the joint tort in a narrow sense, the joint dangerous act, instigating and aiding infringement. However, stipulations concerning the tort committed by several persons without meaning connection are falling behind. The debate over the character of it continues not only among judges and lawyers but also among scholars. The Supreme People's Court's"The Interpretation on the Several Issues of Law Application in Trying Physical Injury Cases"(hereafter referred to as"Interpretation"), which has been practices since May 1, 2004, defines officially tort committed by several persons without meaning connection and its liability. Article 3 makes stipulations in detail. The article expands the scope of the joint tort with the direct combination and indirect combination, and it divides the tort committed by several persons without meaning connection into two and put one part into the joint tort, which is so hard-understanding that it evokes many controversies.In this paper, the author intends to use analytical,comparative and classified methods to explore the tort committed by several persons without meaning connection.The paper divides into four chapters in the structure:Chapter 1 is the outline of the tort committed by several persons without meaning connection. In the first section of this chapter,firstly the author study analytically the different definition of the domestic scholars about the tort committed by several persons without meaning connection. Then the author presents his own definition basing on his own understanding of it and according to absorption of the rational elements of a variety of perspectives of the definition. In section two, the author summarizes a special kind of the tort committed by several persons without meaning connection. This special conduct of tort not only has the constitutive requirements of the common tort, but also has its own special ones. The author focuses on the special constitutive requirements of the tort committed by several persons without meaning connection. Chapter 2 makes comparisons between the tort committed by several persons without meaning connection and relative conceptions. To clarify the meaning to the tort committed by several persons without meaning connection,In the first section of this chapter, the author expatiates the conception of the joint tort and the joint dangerous act, and the regulation and theory about it in various countries and other regions on the regulation which related to the tort committed by several persons without meaning connection. The author analyzes pros and cons of the various theories. Furthermore, the author also analyzes the relation and difference of the tort committed by several persons without meaning connection and the joint tort and the joint dangerous act. Therefore, the author focuses on the connections and differences between the tort committed by several persons without meaning connection and joint tort as well as the joint dangerous act. Consequently, the distinctiveness of the tort committed by several persons without meaning connection is clarified.Chapter 3 is the comparative analysis of the law of the tort committed by several persons without meaning connection. To further explore the provisions of States on the tort committed by several persons without meaning connection, the author introduces the relevant rules of England, America, Germany, Japan, and Taiwan Province of China and appraises the scholars'doctrine about the joint tort and the provisions of the present law and draft. And indicates the method using the current specifications,includes" direct connection " and " indirect connection ",and this method is too vague and abstract, Although this Criterion may seem straightforward, but the Criterion in theory is neither appropriate nor easy at the operation in the judicial practice. It often clauses the different results of judicial decisions because of the different person, place, incident, as a result it would lead to miscarriage of justice. Simultaneously, the author analyzes the connotation of various regulations, which is the regulations of the current major "Tort Liability Law"—the version of the draft. The author affirms its rationality of the NPC Law Committee of the relevant provisions of the draft 2, and considers the regulations that accord with fundamental principles of responsible for oneself of Tort Liability Law both to protect the benefits of the victims , but also balancing the benefits of victims and tort. In the draft, National People's Congress Law Committee of the edition, Chinese Academy of Social Sciences Edition and version of Renmin University of China, etc. made provisions for the tort committed by several persons without meaning connection. Chapter 4 is the type and liability assumption of the tort committed by several persons without meaning connection. In this chapter, the author firstly evaluates the classification of the tort committed by several persons without meaning connection according to different standards as injury consequence, direct bonding and indirect bonding, causality. And the author reviews all standards, the standards focusing on categorization with causal relationship which adopted by the second draft of the NPC's Law Committee of the Tort Liability Law. This categorization with a unique perspective is established practical significance of criteria for the tort committed by several persons without meaning connection, which can be used to analyze the way of undertaking responsibility of the tort committed by several persons without meaning connection. The author appraises the classification pattern supported by Chinese scholars and agrees with the classification with the causal relation criterion, which classifies the tort committed by several persons without meaning connection into the types of the cumulative causes and combined causes, on which to analyze the liability.The last part is the conclusion of this paper. The author points out that the common fault is still the element of the joint tort, and the boundary between the joint tort and the tort committed by several persons without meaning connection. The tort committed by several persons without meaning connection is not joint tort. The liability assumption of it is joint and several liabilities according to different causation.