Study Of The Joint Tort System

Fortunately, NPC enforces the tort law of People's Republic of China at the end of 2009 year. The new regulation on joint-tort make itself get deeper connotation, more organizational system and more reasonable application on joint liability. So I can say tort-law enter into new time. The author summarizes the advantages of new system. And the same time, I look back to the origin and development of joint-tort and analyze all kinds of doctrine. After considering the reality, I propose one more scientific judgment——doctrine of unify of subject and object.This article is divided into three parts, with the introduction, context and conclusions. And on the part of the main body is divided into five chapters.In the first part——Introduction ,I have to dispute the issues which leads to joint tort system. The first chapter is a summary description of joint-tort. The most important point and the focus are to identify "commonality", existence and independence.The second chapter is from the view of historical dimension. The first part describes the origin and development of joint-tort system. The second part is analysis and comparison on civil law system. Comparison target as Germany and Japan are important. And considering "one country two systems" status, the civil law in Taiwan has been analyzed.The third chapter is the analysis of the doctrine of joint-tort theory on China law. With the development of human society, civil law get more focus on the substance of concern for the victims. Therefore, the theory of joint-tort is on a general trend that judging is from both subjective and objective. That includes two common patterns - the "subjective joint-tort" and "objective joint-tort". When some people with subjective relation, it is natural result that establishment of subjective joint-tort. When the number of people did not identify subjective relation, there is existing just number of relative acts .then, they have also established a joint-tort.The fourth chapter is talking about the formation of new legislative reasons. It is divided into three parts, the new law, from the subjective point of view of the dual theory; found a common feature of tort system and make a breakthrough of the department of tort law. Especially the behavior associated with the cause of the common abuses and competing violations by some persons, I have analyzed it further.The fifth chapter is the type of specific provisions of joint-tort. After reflection of the number of different types, then adhering to the unity of subjective and objective, the author said the new law has adopted binary theory. And with it, the new law formats new specific forms of joint-tort, Including: common joint-tort behavior (meaning contact with the behavior and associated with subjective relation), aiding and abetting acts and the common risk behavior.Finally, with brief words, I reaffirm the conclusion that the basis role of commonality identified - unified theory of subjective and objective duality.