Research On Joint Torts

In order to regulate the majority of infringement cases, joint torts around the world have been set up in the system of civil tort laws. But because the joint torts faulty and causal relation intertwined, and legislature and the judiciary in order to balance the interests of perpetrators and the victim constantly adjust value judgments, joint torts has make as a very confusing problem. This article attempts to expose from three aspects of the problem:the nature of joint torts, the type of joint torts, and accountability of joint torts.The first part inspects joint torts from a comparative point of view. First this article introduces joint torts in the civil law system, in Germany, France, Japan, and China's Taiwan region and in the Anglo-American law system, and then concludes experience that we can learn from. Then analyzes the relationship between the joint torts and other system to fill the damage, the trend of joint torts, in order to definite the nature of joint torts followed.The second part of the article analyses the nature of joint torts. This section describes the views, the grounds of the views and the inadequate of the views of the subjective theory, objective theory, and compromise theory, and then makes for the point that not only from the perspective of academic theories to definite of the nature of joint torts, but also should consider the realities of current social development, taking into consideration the value judgments of different laws and policies during the interests of victims and perpetrators, and then come to the conclusion that subjective theory should be adopted, as the criteria to classify specific types of joints torts.The third part analyses the four specific forms of joint torts, namely the narrow sense of joint torts, aiding and abetting act, group act to cause damage and the common risk act. The narrow sense of joint torts includes conspire joint torts and joint fault joint torts. Abetting and helping behavior was presented their constituent elements, as well as being instigated people or helped man-made restrictions capacity for civil conduct or no capacity for civil conduct person accountability. Group act to cause damage includes two kinds of act, the damage caused by partner behavior or gang member's behavior. The common risk act is described the subjective element of common risk act, the objective element that is the danger and commonality of acts, and is analyzed the causal relationship of common risk act and exemptions.The fourth part analyzes the accountability of joint torts. The civil liability of joints torts has a dual property, that is the joint and several liability between the injurer and the victims of outside and the apportionment of liability between the injurer internal. The joint and several liability was analyzed the theoretical basis for the application of joint and several liability and the meaning and characteristics of joint and several liability. The internal apportionment of liability should be integrated to consider the factors of the perpetrator degree of subjective fault, the role played in causing the damage outcome occurred to determine the share of the respective responsibilities of the injurer.