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Joint Tort Study

Posted on:2006-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuangFull Text:PDF
GTID:2206360155469689Subject:Law
Abstract/Summary:PDF Full Text Request
Joint infringe is the important part in infringe law and oblige must be helped by infringe law in all kinds of torts. Since the infringes don't happened by one person and they always occurred because of many persons' attending, the infringe law is properly to protect these sufferers. There have been joint infringe rules in china, but the standard is too vague, especially existing different understanding about "joint".The article divide the joint infringe into joint injury activity, joint dangerous activity and joint infringe without consciousness contracting focus on the understanding of "joint". As for instigating, helping, I think they are partly belong to the joint infringe, partly belong to the ordinary infringe.The article make the infringer honor appropriate liability and explain its theory foundation according to different types of joint infringe on honoring liability. For the liabilities among the actors, I will expound in the later parts.Since the standard of the joint infringe without consciousness contracting is too vague and it operated difficultly , conflicted with other types partly, So the article try to divide it to two types according to different causal relation referring to genealogy of law of England and America, and handle differently on liability for damages linking current judicial practice. Then it must be more scientificand operatic.In a word , the whole article divide the joint infringe into different typesaround the understanding of "joint" , and expound detailed description so as to give a more clear knowledge about joint infringe , then it can guide practice better.
Keywords/Search Tags:joint infringe, joint dangerous activity, joint infringe without consciousness, joint liability, individual liability
PDF Full Text Request
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