Research On Some Problems Of Joint Tort

Joint tort tort system, as an important system of theoretical research, always is the key. Our country "tort liability law enacted before, joint tort related system in the form of judicial interpretation more standard, with the promulgation of the tort liability law was lifted again, the educational research key of infringing ACTS. To tort liability law and related theory as the guide, using comparative study, case analysis method to joint tort the basic theory, the function, the latest legislation window and world further legislation practice, this paper mainly discussed the joint tort liability, and the way of the perpetrator between the inner recovery and analyzes the responsibility share, the author puts forward his own opinions. Through these studies, analyzes the vision in tort liability law under the joint tort system, so hope to the judicial practice in joint tort of regulating the operation to manage .Based on the existing law theory as the guide, mainly introduced to joint tort system at home and abroad, this paper the research status and the purpose of the research, the significance and the study method of content; To our country joint tort system history change and joint tort system concept, characteristics, function is introduced and define, and on this basis to explore analyzes the concrete forms of joint tort system and puts forward the author's own Suggestions; Compared the Anglo-American law and civil law in joint tort liability on recognition and different ways to the judicial practice in China and revelation; Combining the basic theory of tort law, with general infringement on the basis of comparison and analysis, this paper introduces the components of the joint tort system, and the causality requirements is analyzed the theory, this also is this difficulty, through the joint tort causality requirements analysis, further clear infringement jointly with the general infringement for the boundary, also in judicial practice and implement accurately defined joint tort responsibility to provide theoretical support for; Combined with our country "tort liability law in China, elaborate system of joint tort liability imputation principle, mode, exceptions and internal responsibility recovery, share, and in the light of different content such as the joint tort form this paper respectively; and Focusing on the tort liability law legislation system, analyse and explain the relevant joint tort system in the perspective of tort liability law legislation in judicial practice, and using the problem that should notice.