On The Common Violations

Nowadays, many countries all have their regulations about the institution of joint torts in law. Bui only a few people have theoretic research on it, and their opinions aren't all the same. The institution of joint torts is also not perfect in our country, and can't satisfy the needs of complicated social life. So it is very necessary to research joint torts. From the basic animus of tort law protecting the rights of victims, the article discusses the essence of joint torts and makes a systematic formulation on several main problems about the institution of joint torts, which will be a continuous development on the theoretic research on joint torts in our country.By investigating the historical development of joint torts , the comparison of several department laws, different demands of instituting joint torts and single tort, legislation and judicatory practice, and analysizing former scholars' wrong cognitions about joint torts, the writer get the essence of joint torts(the definition of joint torts). Joint torts mean that several tortfeasors have or don't have joint subjective faults, but either their behaviors and invading consequents or only their invading consequents of respective behaviors are related together objectively and undividedly in same invading event. Joint torts include joint torts with related faults and joint torts without related faults. Joint tortfeasors should take on joint liability in principle.Joint torts with related faults include joint injuries and non-joint injuries. Joint injuries are several tortfeasors' torts can hurt others on the base of common wilfulness or faults. In complicated joint injuries, persons of joint injuries include acting person, seducing person and helping person.Non-joint injuries are several tortfeasors' torts positing to joint injuries that can hurt others on the base of the combination of wilfulness and faults.Joint torts without related faults include joint dangers and non-joint dangers. Joint dangers are several tortfeasors' joint torts with faults that may be dangerous to invade others' rights, and have already generated damaged consequents, but we can't judge who is person of injury in it. In generally, each tortfeasors has same faults and equal responsibilities in joint dangers. Non-joint dangers are several tortfeasors' torts positing to joint dangers that can hurt others' rights jointly and undividedly on the base of respective wilfulness or respective faults or respective wilfulness and faults.The joint liability of joint torts means victims have rights to claim compensations for all loss from anyone or several ones of joint tortfeasors, and anyone of joint tortfeasors all have the liabilities of taking on all compensative responsibilities for victims. If anyone or several ones of joint tortfeasors have compensated all loss of victims, the compensative responsibilities of other tortfeasors should be excused. The joint liability is integrated responsibilities that will be beneficial for victims and also a combination of taking on joint liability outside and having additional compensations inside. In joint torts with related faults, respective tortfeasor should take on absolute joint liability; in joint torts without related faults, respective tortfeasor should take on joint liability that can be excused.The writer thinks it is essential to recreate the institution of joint torts because it is not very normative and specific in actual law of our country. Sticking to the basic animus of tort law, grounding fundamental situation of our country and absorbing foreign useful theoretic productions and legislative experience properly, we relate the essence , types, responsibilities and types of tortfeasors of joint torts together organically. And the combination of them form a new and scientific institution of joint tortscorresponding to today's social life. We believe that the recreating of this institution will be solid basis for legislating tort law and even setting up Civil Code in our country.