Common Violations On The " Commonality " Elements

With social development, the tort by several parties and mass tort have drawn more and more attention from the society, which has caused a great amount of social problems and legal issues, and comprised an important subject in the area of tort law. In order to regulate the behavior by the several parities, many countries have set up a joint tort system in their tort law. However, there still are a large number of problems that need to be researched and solved inside the joint tort system. There are numerous theory disputations and practices difference in terms of the recognition, the responsibility division, and imputation principles etc. of the joint tort.The intercommunity of joint tort, as the thinking origin in recognition of joint tort, is the bridge connecting the pluralism parties and joint liability, which is the essential problem of the joint tort system. Through the research on the historical origin, development trends, and legislative present status of the joint tort, and analysis of subjective theory, objective theory, and compromise theory, which is existent in the academia circle of China? Author is going to discuss the intercommunity of joint tort through focusing on the rational basis behind of the joint tort system with multi-angel researching in perspective of society, economics, and philosophy and under the premise of the internal logic satisfactory of the joint tort system and harmonious with the present social value orientation.This thesis consists of five parts, besides introduction and conclusion.Part one is the deliberation on the intercommunity, the essential element of joint tort. This part will analyze the constitutive element and existed disputes in the joint tort behavior to point out the research value of the intercommunity as essential element.Part two is the review of the theory on intercommunity element of joint tort in China. This part will emphasize the different theory in Chinese civil file on intercommunity of joint tort, i.e. the theory of joint intent, the theory of joint fault, the theory of joint behavior and the compromise theory, through analysis of and strength out of these theories, discussing its connotation, the theory basis and the problem existed, it aim at point out the author's holding is that the intercommunity of joint tort shall apply the standard of subjective fault in principle, and apply the joint behavior and common consequence standard as exception.Part three is the development tendency of the theory evolution. Through observing the emergence and development of theory on intercommunity element in joint tort around the world and our country to find the united development discipline, it aim at proving the point of this thesis comply with the development tendency.Part four is the policy assessment based on the interest balance. This part analyzes social basis behind the joint tort system and function limits of the tort law itself to prove the point of this thesis close to the regulation policy oriented on the condition of interest balance.Part five is the theory construction the premise of logic satisfactory. This part prove that the author's holding is accordance with logic relationship of entire tort law system and further design the constitution of the joint tort behavior system based on the point, that is that is the joint tort could be divided into two parts as general joint tort and special joint tort, of which the general joint tort is based on the subjective fault of the tortfeasors, and special joint tort exceptional adopts the objective relevance as criteria.