| Human society and live in groups and at the occurrence of damage is often caused not by one person but caused by the involvement of many people, especially in the economy and the rapid development of the increasingly close interdependence among people today, the frequency of such harm, the scale and damage soar as a result, social development, the majority arising from infringement, and large-scale damage as well as its social problems and legal issues has drawn increasing attention and become a tort theory, an important research subject. In order to regulate more than the damage caused by such common tort system came into being. Taking into account its social harm of greater damage to the victim greatly, and therefore seek to maximize the loss of the victim prior to return to the damaged state of accountability form. This will not only protect the rights of victims of the demands, you can also highlight the value of tort law considerations.Germany as a joint tort liability legislation in the first set a precedent of the country, for the first time to jointly tort liability joint and several liability provisions, and the country is widely respected at the time, so all countries have to make the provisions consistent with the German legislation. The reason to do this kind of provision, taking into account the inherent mechanism of joint and several liability is the responsibility of all persons associated together into a unified responsibility for the main body of the victim shared responsibility. This will no longer consider the perpetrator's fault extent and causes of force size, and replaced by "by all the actors of the property as the responsibility of the property" to guarantee compensation for victims rights are fully realized. So, for the common tort system to achieve its institutional function, the joint and several liability of the instrumental value is very important, is to seek for the victims of such infringement cases in a more comprehensive social protection of vulnerable groups in the inevitable. Therefore, the joint and several liabilities at that time, social context, as after full consideration of accountability after the form of means compared to other responsibilities at the time was the optimal choice.However, the society is progressing, economic development, especially in today's rapid development in science and technology, countries the social basis for a change in levels of economic development also produced differences in the compensation mechanism for damage in many countries has been increasingly improved, joint and several liability is not the only a responsibility to the form of choice, its advantages with the social compensation mechanism for the continuous advancement of waning. These phenomena began to cause people to ponder:For the common tort liability in the joint and several liability, is also the moment to adapt to the economic development and social progress? Whether it is still a common form of tort liability the best choice? Joint and several liabilities will continue to select such a mode of accountability, then how should the current application?This article aims to explore the joint tort liability system, the internal mechanism to choose a best fit with the economic base of accountability approach. However, in our contemporary social reality based on, how to identify common responsibility of infringement is not only a purely theoretical issue, but also value-based considerations, to make a reasonable determination of legal policy. Laws and policies promoting the community as a tool for positive values, both forms of justice and substantive justice, to ensure coordination among, the classes can also play the role of the law to the extreme. China's choice for its commitment to a common way for Tort Liability joint and several liability, that is, taking into account the relevance and function of policy, which the realization of tort law to compensate the victims and suppress violations of the social function have been useful.This mining of historical research methods from a common historical evolution of tort liability and the policy considerations of these two fragments to analyze the path of thinking. At the same time, through comparative research methods, in the context of tort law theory, a comparison of the relevant national laws as well as our analysis of tort law development background, combined with practice and form of liability applicable to problems of common tort liability regime for Analysis. To follow the above ideas, the body of this article is divided into four parts.Through the first part of contributory infringement liability based research led to assume this responsibility the form of joint and several liability. The "commonality" of the dispute to the characterization of an act is indeed controversial. Although the qualitative behavior differences, but the controversy is not an end, we do not want to come, "What are common violations," this conclusion, but to find a more in line with the legislative intent of the legislation more in line with values of tort law, but also can promote the harmonious development of today's society and stability of the standard, thereby making one of the most conducive to fulfill its institutional function, the system designed to achieve the legislative options. This is the real purpose of the dispute. An ideal law should include policy and regulatory technological levels. Although the scope of application of joint and several liability depends on the nature of a common identification standard violations, but more importantly, the law should be based on different social reality for the conduct of the person's attitude. In other words, the key is to measure the full benefits through the following to choose a most suitable basis for accountability of the current economic way to develop a similar fit with the contemporary social scene of the laws and policies and, ultimately, tort law system internal harmony and unity.The second part of the primary analysis of joint and several liability fragment regimes. The meaning of joint and several liabilities in part by a discussion, focuses on the value of joint and several liability regime. The joint and several liability in tort law refers to a direct violation of the provisions of the law Enzi damaged more than others to the victims of violations of various assume full liability, the victim the right to request one or more actors take full or part of the liability, while one or more actors assume full liability in the other actors will be exempt from liability. Joint and several liability of the value reflected in the following three aspects:first, the collateral value, that is, by increasing the responsibility of the principal amount of the responsibility of the property to increase the number of; second, procedural sense of the value, that is, so that right holders can choose to one or several or all of its obligations to argue for compensation, regardless of the joint and several liability were the size of the share of the internal burden-sharing; and third, the value of the transfer and risk diversification, that is joint and several liability on the one hand the original transfer of risk borne by the victims to the entire joint and several liability people who take risks by the victims a number of months to resolve violations of people to take risks; the other hand, the risk of compensation into a recovery of the risk that the compensation by the victims can not bear the risk of the person who transferred from a tort between the internal demand compensation can not be a risk; thus has the value of the transfer and risk diversification.The third part of the joint and several liability and contributory infringement will be linked to discuss the choice of a common form of tort liability. That part of the respective foreign legislation and China's legislation discussed. The historical evolution of foreign legislative process, legislators continue to occur on the responsibility to select the evolution of the social compensation mechanism for damage continuously improved so that joint and several liability is no longer the only means of accountability, in the current economic base, there are also no longer is the optimal choice, so the form of joint and several liability is more fair and reasonable share of responsibility according to type. Study abroad, the legislation is to draw on, for our part, the current liability insurance and social security system is still in the planning and construction, while the internal mechanism of joint and several liability system, then the common tort system relative to the value orientation of the most fit, therefore, jointly and severally This approach is the responsibility of accountability to be China's current natural selection.The fourth part of the legal effect from the co-infringement point of view, a common violations in determining the responsibility of the forms of people will inevitably have to address how to jointly and severally liable. Common violations were undertaken by multi-joint and several liabilities is a matter of relations between subjects of the legal issues, but also a response to the interests of measurement and methodological problems of civil law legal policy. Thus, mainly related to violations of this chapter discuss the relationship between man and the victim and the perpetrator and the perpetrator relationship.To overview the whole text, the article's main contribution and features are:Firstly, the common tort liability system, the study is the upcoming hot issues of Tort Liability Act. This area of the study involved a number of important topics, including:The inherent mechanism of joint infringement liability, the value of joint and several liabilities, and contributory infringement in China's legislation on the method of choice accountability considerations.Secondly, this mining method of comparative analysis, study and learn from countries of the common choice of the evolution of tort liability legislation evolution, to understand and analyze legislation, it ought to be our choice. And to other countries, these legislative background and the degree of development of China's own social and economic status combine to make a choice take the responsibility of joint and several liability means that reason elaboration.Thirdly, this paper concludes that China's current joint and several liability is shared accountability Tort Liability best way, in the liability system is designed to fully take into account the common tort own internal mechanism and the value of joint and several liability, tort law highlights the values, has strong applicability.Of course, this article there are many shortcomings and to be further studied. Since China is not yet developed a mechanism for damages and other liability of the current situation there is still much room to grow, the advantages of joint and several liability regime will be highlighted at this time. The common tort liability system in the future development is still many unknowns. It is this requires constant attention and improvement.
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