Common Tort Liability Elements Research

Joint tort system began from committed in the private and simple system of joint and several liabilities in Roman law. Since then, though this is stipulated in legislation, but it varies. The reason is that understanding of the nature and composition of joint tort vary. Therefore, the study on the nature and composition of the joint tort has important theoretical significance for the study of joint tort system.This paper is divided into four parts in order to study on the composition of the joint tort liability:Firstly, the legislative value and the composition of the joint tort liability. Different historical stages of development, the value of the law to pursue different, reflected in the joint tort system that the composition is different. Ancient legislation is mainly reflected the punitive value of tort law; the modern legislation reflects the preventive value of tort law; now times'legislation is reflected the compensative value of tort law. Accordingly, the composition of the joint tort liability must be different.Secondly, the concept and the composition of the joint tort liability. Academic understanding of the joint tort is different, cause that there is the confusion in using this concept. I divide the common understanding of academia into three parts, the generalized joint tort, the common joint tort and the narrow joint tort. Correspondingly, there are three different composition of the joint tort liability.Then the study of liability form and composition of the joint tort liability. There are proportional liability, joint and several liability, punishment liability, compensation liability in tort of Plural subjects. The proportional liability used for personal tort. and joint tort as an important part of their responsibilities should include the joint and several liability for objective joint tort,the punishment liability for subjective joint tort and the compensation liability for indirect joint tort.Finally, the composition of tort liability system of reconstruction. Through the study on the history, concept and the liability form of joint tort. I believe that with the tort of Plural subjects system in order to better study on the nature of joint liability. The joint tort is a situation, which many tort acts unites and function in the same object, and damage happened. The joint tort including the subjective joint tort, abetting helping behavior, gangs tort, the objective joint tort, common risk behavior, as well as indirect joint tort. The composition of tort liability is different. Among them, the first three kinds of act stress the subjective element, the latter three kinds of act stress and objective elements. The first three kinds of act apply to punitive liability,objective joint tort, common risk behaviors apply to proportional liability and theindirect joint tort applies to compensation liability.