The Constituent Elements Issues Of Common Violations

"People's Republic of Tort Law," Article VIII provides that "two or more joint implementation of violations, causing damage to others, shall be jointly and severally liable." Section and the "Civil Law" requirement compared to only highlight the commonality of common violations narrow, not clearly constitute violations of common elements, only provides a common way of tort accountability. Academic violations of the constituent elements together are not clear, unified conclusion. As the common violations of the constituent elements is to identify common violations of the fundamental basis, The behavior of the person who shared a necessary prerequisite for tort liability, so the common violations constitute the elements of research, "Tort Liability Act," Article VIII of the application in judicial practice with the necessary guidance. In addition to the general tort common violations of the basic constituent elements, there are terms and conditions that is common violations "commonality" of the criterion. This paper intends to narrow the main body of common violations, behavior, injury, causation and other basic constituent elements and the "common" criteria to analyze the elements of this particular form of order in judicial practice clearly and accurately apply the common law tort requirements. Specifically, this paper can be divided into the following chapters:The first chapter, the main constituent elements common violations. This chapter is divided into two parts, the first part of the main constituent elements, mainly from the "commonality" of the analysis, the first embodiment of this commonality works as the main complex, that requires the implementation of the main contributory infringement and must be two or more. However, the implementation of two or more co-harm behavior does not necessarily constitute contributory infringement, also called joint implementation of the various natural harm behaviors should have the ability to tort liability, that is, their actions should have the nature and possible consequences of non-interest identification ability to judge. From our law perspective, there is no ability to apply the concept of tort liability, but rather whether the perpetrator has a civil capacity as the ability to determine whether the tort liability standard. By Civil law countries on the tort liability of minors legislation of comparison, and our laws regarding minors, without civil capacity or with limited capacity for civil conduct of civil liability provisions, can be seen on the common law tort of China the main elements required, it must have full civil capacity. Meanwhile, the common violations of the actors generally constituted by a natural person, but not limited to natural persons. The second part describes two or more legal persons or other organizations also can be used as the main contributory infringement.Chapter II, Elements of subjective - "common" criteria. Elements of contributory infringement, in what as a "commonality" of the criterion is the key. As a key chapter, the author mainly from comparative law criterion, our theoretical argument tort law point of view, the legislative analysis, and the common law of the concept of fault, classification, common intent and meaning of contributory negligence and other aspects are discussed. China's civil law theorists draw on the theoretical results related to civil law countries, the joint tortfeasors'common criteria for judging the formation of different theories, there are subjective, objective, said a compromise that, and refer to that. From the Civil Law, the Supreme Court judicial interpretation of personal injury compensation, until last July 1 implementation of the Tort Liability Act, China's legislation on the common violations of the "commonality" applied different standards, and ultimately adopted the common law tort liability fault that the author focused on analyzing the content of the common fault.Chapter III, Elements of the objective aspect-"common" criteria. Elements include the objective aspect of tort and damages result. The contents of this chapter in three parts, first part of the described behavior "commonality" of the concept and criteria for judging the behavior of each of commonality does not require the actual behavior of people engaged in an act together, it can be two people jointly decide together directly on the subject have been infringed complete, it can be coordinated, common purpose to achieve virulence; both common as it can be a common omission. The second part describes the concept of harm and damage to the unity of the results. Damage is the result of several violations of people's common meaning that is one of several joint tort damages, in line with several violations of people's common purpose of the act, that the damage results with joint tortfeasors with the subjective meaning of unity. The third part describes the results of joint tort causation and damage. General tort of causal relationship between behavior and the damage to determine also the case for contributory infringement, drawing on the German law on joint tort theory of causation, from the above described acts of contributory infringement "commonality" standard to determine the look, reflects our laws in determining the causal relationship between behavior and the damage when the use of two evaluation criteria.