Study In Common Tort

The common tort theory has been occupying the important position in the tort theory all the time. It is a more special problem field in a tort law to infringe together. At all times and in all lands, the common tort attracts the desire which a large number of law science experts study all the time because of its uniqueness and complexity. Will it be December 26 2009 issue of" law, liability for tort of the People's Republic of China,", raise domestic law circles to common tort upsurge of research again.This text attempts to speak of from the concept of common tort, comb the concept, characteristic of common tort and function of the common tort system of common tort. Propose, determine common tort circle as, two people the above-mentioned actor cause some damage result because of the common fault, have common fault behavior their act on, produce a unified one, inalienable damage result together, and shoulder the behavior of related compensation responsibility to the victim. Because of the analysis on common tort concept, I think can divide common tort into, injure behavior, common dangerous behavior and instigate, help the behavior together. Regard the value foundation of the system function of common tort and pluralistic function of the common tort system as the breakthrough point, explain and infringe the functional demand of the system together, think and infringe the function of the system together only under the leadership of the value in justice, security and efficiency, could reflect social function of system its, could possess, fill in, damage, prevent and punish the three functions special at the same time. Assert, connect the complex number of the subject and middle media with related responsibility as to the " common " one between the actors. This text to to hold different theory of view" together " common tort, sum up conscientiously, from to say, say, trade off comparative analysis and evaluation and analysis of theory of saying etc. objectively subjectively, obtain and not only absorb the rationality talked about accept and trade off the conclusion suitable of method of the balanced methodology of the interests said subjectively but also. This text limits the composition important document of common tort as the infringement subject, complicated tort, common infringement result and single causality of the negative number. The historical development of law observes from infringing, the common liability for tort is developing. This text legislates to start with from origin and model of the system of common liability for tort, through educational circles to common liability for tort different discussion of view held correctly, draw the conclusion that the common liability for tort should be the joint liability, and then has summed up legislative foundation and general theory of joint liability. Finally, I carried on individual's suggestion of understanding and improving on the law of liability for tort that is issued newly.