Study Of The Subjective Elements Of The Joint Tort Liability

The joint-torts duty is an important part of the institution of Torts in civil law, and the subjective item is the key of the joint-torts duty .In the process of establishing the civil code in our country, earnest research about the subjective item of the joint-torts duty has the very important theories with practical value. There are two shortcomings of the research of this problem. Scholars have different meanings to the subjective item, and make research more from the macroscopic angle, less from type angle. For this, this thesis intends to make a thorough research on the subjective item by adopting the history method, comparison method, system method and benefit method, with the aim to establish the scientific subjective item of the joint-torts duty in our country, pushing the establishment of the civil code in our country, guaranteeing everyone's civil rights. In addition to the preface and conclusion, this thesis is divided into three parts totally:The first part: the history of the subjective item of the joint-torts duty. Through the history of the joint-torts duty and its subjective item, we can observe the regulation of the joint-torts duty: From accomplice to the joint-torts duty; revenge from the blood kin the to property compensation; joint liability to independent duty to joint liability again. Through its regulation, we can see the development trend of the subjective important item in joint-torts duty: the subjective theory expands continuously; the subjective theory will turn to the adjective theory.The second part: the comparison analysis of the subjective item in joint-torts duty. The thesis introduces the subjective item of the joint-torts duty in France, Germany, Japan, and Taiwanese region. The thesis analyzes the good and bad points, putting forward the author's viewpoint.The third part: the choice of the subjective item in joint-torts duty. The author introduces the different standpoint of the subjective item in our educational circles firstly. Secondly, the author analyzes the scholar disputes from the kind, type,...