On Joint Infringement

Since China’s "Tort Law", the infringement has been effectively curbed, the legitimate rights and interests of the infringer has been effectively protected, tort law system from theory to practice has made great progress, many theoretical problems are gradually resolved, practical experience has also been accumulated, can be said to be impressive.But there are still some problems which can not be handled properly, there are some controversies about the theory of building common tort arises the question: in common with regard to the nature of the infringement, classification, and the constituent elements and responsibilities, etc. there are still some controversy, although some scholars have recognized the prevailing mainstream theory, in practice it will take some common practice, but does not solve the real problem, and we still have the need to discuss relevant issues, enrich and improve relevant theory, practice and make for a more scientific and effective theoretical guidance, but also for balance and protection has been infringed, or even a third party tortfeasor rights efforts.In this paper, under the framework of the existing legal regime, combined with domestic and foreign joint tort theory main research results, from the practical point of view, the concept of contributory infringement, the nature, characteristics, classification, Elements and responsibilities as the main content to is the responsibility of the balance of rights and remedies infringer infringer between the core of the joint tort theory of light to analyze, is intended to provide useful lessons and help for the construction of our common tort theory, and common tort system practical benefit.