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Reaseach On Category Of Joint Tort

Posted on:2012-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:2216330338957870Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
December 2009, "People's Republic of Tort Law" promulgated, And on July 1, 2010, it was implemented formally. The promulgation of the law reflects the needs of the social development and the advancement of legal theory after reform and opening up. this provision of Joint tort is simple, clear, but there are logical confusion, semantic unknown and too much discretions to for the judges. Because there are many unreasonable requirements on the type of joint tort, so I try to analyze and improve it. If you want to build a system of common violations, you must first understand the nature of joint tort. This article introduces the major Chinese and foreign provisions and dispute about the common violations through the legislative community and the theorists, trying to find the the reasonable nature of the common violations through comparison and analysis, in order to build the type of joint tort system.The first part mainly analyse the problem of the "Tort Liability Act" and the judicial interpretation about the types of common violations. It also presents the domestic scholars'view about the type of joint tort and the major controversies, and put forward the author'own points.The second part is the comparison of common violations, through the introduction of the Roman law, German law, French law and Japanese law in civil law, English law,American law in common law,in order to analyse the trend about the type of joint tort. The third part through the analysis about the concept and the constitute elements of common violations, pointing out that if we want to solve the type of common violations, we must address the nature of joint tort, which also make the author's comments.According to the conclusion of the third part, the fourth part discusses the theoretical basis and the problem need to solve in the construction of the type of joint tort. And construct the type of joint tort as subjective joint tort, objective joint tort, and quasi-joint tort.
Keywords/Search Tags:joint tort, type, nature, common fault, joint liability
PDF Full Text Request
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