On The Determination Of Tortious Liability For Inadvertent Damage Of Numbers

In modern society, the dense population, complex social relations, is getting more and more damage to people caused by the number of people behavior, when the damage results objectively happened, due to the limited capacity of human understanding, proved difficult, it may not be possible to determine the true perpetrator, or can not accurately measure the behavior of each harm the cause of the damage force size. For example, A and B two people careless driving bruising pedestrians, or reproduced between several newspapers content untrue articles cause sb’s reputation. In these cases, there is no real harm the contact, the development is independent, just in time and place of accidental coincidence, but can not distinguish the behavior of force on the damage, resulting in indivisible injury. The number of the offender is bear joint and several liability or proportional liability, theory has been controversial, also appeared in the judicial practice of different codefendant situation. Therefore, indivisible damage caused by tort liability has important significance to the reasonable definition of non internuncial. This paper tries to explain and improve so as to solve real life problems of current "tort liability law", to find the best point of balance in the protection of the interests and behavior people the freedom of action. In this paper, in addition to the introduction and conclusion, is divided into four parts:The first chapter defines the concept of tort without internuncial induced indivisible injury; this concept includes "no internuncial infringement" and "indivisible injury" two elements. No internuncial tort concept by not having common infringement of the "common" to grasp, not the damage is divided in behavior is discussed the extension of responsibility based responsibility for establishing a causal relation, namely the distinction between force.The second chapter is the liability of tort without internuncial induced indivisible injury take legislative, lists of Civil-Law System and Common-Law System on behalf of the state of legislation, for the different responsibility model was analyzed and summarized its advantages and disadvantages, evaluation and reference.The third chapter introduces the issue of the relevant legislation and then elaborated theory of meaning contacted several people without infringing inseparable damage caused by parts bear joint and several liability or responsibility for the debate, analyzes the press copies of liability perspective and the legal basis for joint liability Perspective and the law of interpretation. The fourth chapter mainly elaborates the core viewpoint of this thesis, the tort liability without internuncial induced indivisible injury should be identified as the joint and several liability, urden will be classified into two categories:One, common violations, including intentional common and common negligence; Second, the possible causal relationship between two types one is under common risk behavior, apply Article10of the Tort Liability Act, and the second is the number of people without meaning to contact inseparable damage caused by the infringement for the first11,12tort Law Article. Give up to11,12to "enough" as a standard to distinguish the joint and several liability and liability by shares, modify according to the damage can be divided and determine whether the joint and several liability or liability by shares, can not share several tortfeasors jointly and severally liable in damages, not only conducive to the protection of victims, but also help to enhance the operability of trial practice.