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Analysis On The Tort Committed By Several Persons Without Meaning Connection

Posted on:2013-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:K Y BaiFull Text:PDF
GTID:2246330371986361Subject:Civil law
Abstract/Summary:PDF Full Text Request
Along with society’s development forward, people participate in social activities more and more, also more and more complex. In that case, people between each other the infringement behavior also more and more, especially in between each other without meaning of contact situation. At this time, how to reasonably distribute each tortfeasor of the liability to pay compensation between are particularly important.This paper mainly through a typical without meaning contact several people infringement case analysis, the paper reviews the current research on without meaning for the definition of infringement contact person and all the responsibility of the tortfeasor way. According to our country’s focus on "the tort liability law" as prescribed in article12of the contact several people without meaning of each actor infringement liability way--as a responsibility, discusses when the infringement results are not the damage caused by the time, each person responsibility between how" as a "to bear. On this point,"the tort liability law "is not made specific provision. In judicial practice, the judge will according to different imputation principle to determine the actor’s liability. And in the field without meaning to contact several people tort liability and no unified imputation principle. This leads to a result, the same infringement to obtain the different processing results. So, if can without meaning to contact several people tort liability has the understanding of the unity, then in microcosm, will increase the credibility of the law in people’s hearts. From the major terms, will speed up the socialist construction in China in the rule of law. In this case, this paper analyzes the different theory of scholars, a viewpoint that shall be mainly to conduct the cause of the acting force to size distribution of the actor responsibility. Another view claims shall be mainly to the fault of the subjective behavior person to size distribution its responsibilities. Based on the analysis of the advantages and disadvantages of various views, and draw the conclusion that should be in reason is give priority to, and the size of the force with fault complementary point of view is the size, and gives support this concept of reason. The paper presented at last in the judicial practice in how to apply this theory and both in law improvement suggestions.
Keywords/Search Tags:without meaning connection, tort liability, fault size, reasons forcesize, share of responsibility
PDF Full Text Request
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