On The Common Violations

The joint tort is an important part of the tort law, and also is an important question in the judicial practice. The joint tort is very complex which is different from to the single tort. Many scholars have researched this question. Generally, the various countries' legislation also has carried on the rules and regulations to the joint tort. But the scholars have different understanding about the joint tort because the joint tort is very complex and multiple. The inconsistent understanding causes the different judicial processing which affects the judicial unification and authority. Therefore, more research has to make about the joint tort which has the enormous theory and the practical significance. In this thesis, the author will try to make a systematic research on the joint tort by the comparative legal method and the diagnosis legal science method. The author wants to provide some beneficial opinions to the civil code of our country. In addition to the preface and the conclusion, this thesis is divided into five parts totally:In the first part: the elementary theory of the joint tort. Mainly introduces the concept and characteristic of the joint tort, the nature and legislative value of the joint tort. The nature of the tort is the special tort action. The legislative value orientation mainly is increasing the relief channel, the dispersing society risk and aggravating to the joint tort person's responsibility.In the second part: comparative analysis about the joint tort. This part introduces legislation of the joint tort in France, Germany, Japan, and Taiwan area and the English America legal system, and carries on the comparative analysis to two legal systems. Although the angles which recognize the joint tort are different in various countries , two legal systems both appeared common tendency that subjective theory transformed to objective theory.In the third part: the recognition of the joint tort. This part introduces different standpoint about commonality. There are three standpoints about commonality, the subjective joint theory, objective joint theory and compromise joint theory. These standpoints all have certain rationality but also have the flaws. In this thesis, the author thinks the commonality of joint tort should be both joint of commonality and several common acts relevance. On this foundation, the author concretely analyses the main body, the subjective aspect, the causal relation and the harm consequence recognizing about the joint tort.In the fourth part: the legal consequence of the joint tort. This part mainly introduces the exterior liability ,internal liability of the joint tort other lawsuit related questions. The joint tort person should undertake the joint and several liability in exterior to the victim. The joint and several liability has reasonable legal foundation. The important rule about joint and several liability is the victim has the option to the liability person. In the internal responsibility is that persons share the liability. After undertaking the liability, the person who have taken liability may exercises the additional compensation power according to the mistake degree and the reason strength to other liability person. In the joint tort lawsuit, the victim may sue the partial joint tort person, the court cannot request the victim to supplement other person. The victim can avoid partial person's liability when he does not aggravate other person's liability. Whether the internal liability has to adjudicate with exterior liability at the same time should grasp nimbly regard to the lawsuit situation.In the fifth part: the establishment of the joint tort system in our country . In this part, the author analyzes present law of our country, the judicial interpretation and the civil law draft and the manuscript that the experts suggested about the joint tort. On the basis of the theoretical analysis about the joint tort , the author gives some legislative suggestions.