Joint Tort Study

The States tort law is to the assumption main object of the separate violations, the elements of violations and the provision for the legal consequences. Germany,As the represented of the Civil law countries and districts to the civil codes, providing for the joint tort of the violations as a special type, the characteristics of joint tort feasor is the main victims of the plural and the common acts of hurt, but to the acts'hurt of the "community" is controversial. The doctrine of judicial practice is impacted of the different theories which is no consistent concept and the specific cases's processing is uncertainty.Scholars of civil law in our country is great controversy about the common violations of the common constitutes'elements. The main theory are common fault, the common objective, compromise and so on. The Supreme People's Court is also explained to the Special provisions under the judicial interpretation. Through the analysis, which had advantages and disadvantages, between the Victims and perpetrators in the interests of balance which explain is different.There is a common trend to the comparative law which is the account to the common violations, common fault from the subjective to the objective gradually developed a common behavior,especially which should be implement the principle of the no-fault liability's case about the environmental pollution, product liability and so on which performance are more prominent. In other words, the common violations would be more easily, which through the "common" relief interpretation, and it could provide the most favorable relief.The theory of the tort is developed under the normal tort theory, which is more compound to the class of actors, the acts are identity results and the research is under the statutory right to the object of the damage and so on. If you want to trace the source, where could be found in the ancient Roman law of the prototype. In its long process of historical development, gradually identified three basic tort patterns of the common violations, which is the comman hurt behavior, also the co-risk behavior whichever is the common violations, the abetting acts, which is also subjected to the one class of common tort liability system as the only system, in order to establish the severally liable system. However, from the theoretical studies which is available in the countries and judicial practice. It also has large differences. Although China's research in this area is under the late start, with the development process is speed up in the domestic new civil code, the article works category of the common part contents in the tort system showing that the sitution of the hundred schools of thought contend, the situation of letting a hundred flowers blossom. At the present, academias has formed several perspectives of the all levels under the study of the co-infringement, there are also limitations in this area of the legislation, which bring the difficulty in the actual operation. So the practice of guiding significance for the theoretical results, establishing the legal system to meet the needs of the social values become the important research direction of the law workers.Responding to this, I used the Comparative analysis along the track of the historical development of joint tort Exploring the essential characteristics, structuremorphology and its responsibility for the system in this article, also who is to clarify the idea of personal under the responding to the major point of the theory and Related Case. I believe that, according the causal relationship someone could put the common violations divided into the causal relationship in the joint tort, and the causal relationship under the law of quasi-joint tort. Also the infringing forms of the classification and the establishment of joint liability system is the most important features of the joint tort. Based on these characteristics, joint tort which are only the application of the joint liability as the compensation system. On this basis, I did the further discusseions to the common forms of the tort and a concrete manifestation of the responsibility system, bringing forward the feartures that jointly liable in tort system under the common internal and external validity, according to the effectiveness of recovery to the internal and choosing to defend the effectiveness tothe external.