A Study On The Bearing Of Responsibilities Of Accidental Joint Tort

Such is often the case that several behavioral agents, with no joint subjective intention, are bound together in their respective trespass, causing the victim personal injury or property loss. But different concepts and different definitions for this kind of trespass make it hard to reach consensus thus causing great difficulty in its handling. So the purpose of this paper is to draw the similarity from these concepts and definitions and refine it to make it easier to understand and easier to operate, thus to draft a layout for the bearing of responsibilities for such trespass.This paper consists of three parts, namely the introduction, the main body and the conclusion.The introduction part mainly introduces the background of the selection of the topic and the methodology of the research.The main body consists of three chapters:Chapter One elaborates on the different concepts and definitions of the trespass of accidental joint tort and the difficulty of such confusion has caused to the academic field and its actual practice. In view of the above, there is great need to reach a common understanding on the concept and the component element. To this purpose, this chapter focuses on the concept and definition of the accidental joint tort and some necessary explanation and illustration. Based on a detailed elaboration of the component elements of accidental joint tort, a new theory on the component elements is put forward in a creatively way.Chapter Two mainly discusses the classification of accidental joint tort. A legal concept may include many patterns and the concept alone couldn't coverall the patterns so it is not conducive to the determination of the bearing of theresponsibilities of accidental joint tort. Here this chapter first introduces the existing standard of classification and analyzes its advantages and disadvantages and put forward a new standard of classification. On the above basis a specific classification principle is raised, thus a new type of classification of accidental joint tort is constructed.Chapter Three discusses and comments on the existing patterns of responsibility bearing of accidental joint tort in China and puts forward a new theory of independent responsibility pattern. For a better understanding of the trend of responsibility bearing patterns, this paper analyzes comparatively the practice of other countries and regions so that the advanced theory may serve as a support for the same cases in our country. As far as the responsibility bearing standard is concerned, based on the analysis of the existing theory, a separating responsibility bearing theory is put forward thus constructs the theory in a new way.The last part serves as a conclusion, which summaries the theory and reinforces the main points and the theme of the paper.