Analysts Of Joint Tort Litigation

The issuance of "Tort Liability Act" is a milestone in the development of tort theory, it made the whole issue of tort liability provisions of the comprehensive system, especially in the many institutional innovation. However, we found that in practice the "Tort Liability Act," and part of a conflict of laws and regulations on the provisions of joint tort litigation is one of the typical.Common form of joint tort litigation is "Tort Liability Act," an important component of judicial practice is an important issue. Joint tort litigation should be based on joint and several liability rules give the parties the option to turn to litigation as a class action can be divided into the complaint, or the need for common action as a contributory infringement of a non-points will be classified as complaints? As co-infringement lawsuits related to the substantive law and procedural law of the conflict, scholars have different reorganizations on it. At the same time, the need for joint action of its legislative judicial practice has led to lack of handling of the case is also inconsistent, affecting the unity and authority of the judiciary. Therefore, the strengthening of joint tort litigation will have a great theoretical and practical significance. In this paper, based on the joint and several liability and tort perspective of substantive law, infringement proceedings should be the common natural mode of interpretation, and a comprehensive review of the existing legal framework for joint tort litigation real natural state - an entity in conflict with the program, different parts of the court action. On this basis, the proposed improvement and remodeling proposal forms joint tort litigation. In addition to this introduction and conclusion, the total is divided into four parts:PartⅠ: Joint tort related concept and feature induction. This section aims to define the concept of establishing an object of this study, lay the foundation for the unfolding below. This section introduces the concept of contributory infringement and characteristics of the concept of joint and several liability and its legal significance, the concept of joint action and classification.PartⅡ: Common mode of joint tort litigation. This section from the theoretical level and practical level of common tort litigation can be divided into the complaint as to demonstrate - in theory, will co-infringement complaint as per the view cannot be a departure from the legislative purpose of joint and several liability joint and several liability also confused nature; the practical point of view, the author break the five judicial pragmatic concerns may exist.PartⅢ: the real natural state of joint tort litigation.. This section point out the common problems in tort litigation in current china from the legislation and practice, because our joint action in the legislature will simply be divided into the need for common action and common joint action, while the need for joint action without a second division, the common mode of infringement proceedings ought not find legal basis in procedural law. Legislative gaps led to the practice appear throughout the operation of the courts of different judicial ahead of the legislative situation.PartⅣ: joint tort litigation system for improvement recommendations. In this section the author first introduced the system of foreign legislation on class action cases, and to make our country should be re-division of the joint action proposal, and in our country to create a similar need for common action, restricted to give a similar sentence to the need for joint action expansion effect.