Meaning To Contact Several People Tort Study

With the acceleration of tort law legislation process, discussion about related torts theory is intensified. In the multiple persons' tort system, theoretical research of multiple persons' tort with no contributory intention or negligence connects with the clarification of joint torts theory. Based upon strengthening protection of the injured, traditional joint torts theory persisted in subjective common theory and tends to objective common theory under the industrialization process, social and economic advancement. Article three of the Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury in 2003 stipulates that two persons or more commit torts with joint intention of negligence or exercise torts with no intention or negligence leading to the same injury under the direct combination of the acts constituting joint torts thereby tortfeasors shall assume joint and several liability in line with the Article 130 of General Principles of Civil Law; two persons or more exercises torts with no common intention or negligence causing sane damages under the indirect combination of separate acts thereby tortfeasors shall assume related compensation liability in accordance to the extent of negligence of proportion of causation. This judicial interpretation converted the traditional subjective common theory to subjective common theory and restricted objective common theory in substance. It is a breakthrough in certain degree that application extent of joint and several liabilities is enlarged and protection of the injury is reinforced. However, integration of multiple persons' torts with no common intention or negligence into the joint torts system undermines the current framework of joint torts system leading to the confusion of the multiple persons' torts system and mess of joint tort system determination in judicial practice. Expanding application of joint and several liabilities together with confused boundary of joint torts jeopardize the situation of the multiple persons' torts with no intention or negligence. With the increasing development of social insurance and social security system, the western legal circle of tort law starts to reexamine the joint and several liabilities and speculates and doubts the current justification of joint and several liabilities system. This paper tries to discuss about the value of independence and systematic significance of multiple persons' torts with no intention or negligence after clarifies the basic theory of multiple persons' torts with no intention or negligence.This paper could be divided into six parts with approximate 40,000 words.Part one explores the conception and elements of multiple persons' torts with no intention or negligence. As a conception in civil law system, the conception of multiple persons' torts with no intention or negligence should be assisted by the explanation of the nature of joint torts. After comparative analysis, the writer here regard that multiple persons' torts with no intention or negligence is two or more persons causes the same damage to the same injured accidentally without formerly common intention or negligence. Then elements of multiple persons' torts with no intention or negligence are illuminated. Distinct from the joint torts, no common intention or negligence, the accidental combination of the acts and the same damage are the premises for the liabilities assumed by the tortfeasors.Part two investigates the types and following legal effect of multiple persons' torts with no intention or negligence. According to different criteria, multiple persons' torts with no intention or negligence could demonstrate different forms. In line with whether the damages could be separated, multiple persons' torts with no intention or negligence could be divided into damage-separable multiple persons' torts with no intention or negligence and damage-inseparable multiple persons' torts with no intention or negligence; in accordance with the different types of cause and effect relationship, multiple persons' torts with no intention or negligence could be separated into multiple persons' torts with no intention or negligence of accumulative causation and multiple persons' torts with no intention or negligence of combined causation. It is disputed among the scholars whether joint and several liabilities or several liabilities shall be adopted with respect to the legal effect of multiple persons' torts with no intention or negligence. After explanation, the writer here consider that separated liability or liability in line with the proportion of negligence principle shall be applied according to different situations instead of joint and several liabilities.Part three conducts comparative research of multiple persons' torts with no intention or negligence surrounded several special multiple persons' torts. The joint torts in narrow sense and the common dangerous acts are distinct from multiple persons' torts with no intention or negligence in conception, elements and legal effect. It would cause enormous contradiction and inconvenience if multiple persons' torts with no intention or negligence was incorporated into the scope of joint torts.Part four expresses the marginalization crisis of multiple persons' torts with no intention or negligence under the context of expansion of joint torts system. The existent crisis multiple persons' torts with no intention or negligence encounters is analyzed in the following three facets including conversion of subjective common theory to objective common theory of the nature of the joint torts, expanding application of joint and several liabilities and reinforcement of function of damage compensation of tort law. The flourishing objective common theory strengthened the regulating scope of joint torts undermining the due role of multiple persons' torts with no intention or negligence; fortification of damage compensation function of tort law and amplified application of joint and several liabilities help the injured access to compensation approaches in defending rights based upon the consideration of the interest protection of the injured. Then, the writer here shows the great significance of perfection of multiple persons' torts in angles of self liability principle, booming separated liability and the systematic importance.Part five discusses with the related regulations and evaluation with respect to multiple persons' torts with no intention or negligence in foreign countries. Regulations in both civil law system and case law system do have some traits in certain extent. And it is not recommended to study from them in full extent because that there are also some fatal drawbacks.Part six reviews the current legislation and suggestions for perfection with regard to multiple persons' torts with no intention or negligence in our country. Related regulations about multiple persons' torts with no intention or negligence from the General Principles Civil Law to the Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury show the deficiencies that existed in legal documents in our country. In related legal documents, the ambiguous conception and narrow scope as well as unreasonable fashion of liability assumption of multiple persons' torts with no intention or negligence shall be improved as soon as possible. Near the birth of tort law, perfection of regulations with respect to multiple persons' torts with no intention or negligence helps the tort law better balance the liberty in acts and protection of right.