On The Civil Liability Of The Third Party 's Infringement

Since21st century, the research focus of Tort Law has turned to key elements and liability sharing of multiple defendants. The third person tort is obviously a majority of tort, but due to various reasons, the civil liability for third party tort has not caused academic attention, what’s more, the old and the new science of civil law textbooks don’t include any theory about the civil liability for third party tort. So far, we are at the start of research into the civil liability for third party tort, and research areas include areas such as safety assurance obligations, liability allocation when animals injuring people. It is necessary to simplify this legal area. Only if we reduce it to simple legal relationships, relaying on statutes, we can have a clear understanding of the civil liability for third party tort, and use it appropriately in legal practice.In my opinion, the civil liability for third party tort is the legal situation that a person who has no special relationship with the third person shall bear tort liability or risk burden to the victim for third party tort. In China, there are7legal provisions in total for the civil liability for third party tort in tort law, involving the complementary liability and the joint liability of the two forms of liability. However, within the framework of current Chinese legal system, we can only analyze and summarize the laws of third party torts article by article in view of the third person tort case. Through analysis we discovered that third party tort liability sharing issues can be solved well by redefining generalized joint liability. Meanwhile, it is suggested that we should consider following the way that punitive damages of American law paid to the non-profit foundation in complementary liability. This essay promotes the establishment of scientific, reasonable and fair theory for third party tort liability sharing, through thorough research into this matter.