Researching The Classification Of Joint Tort

As the promulgation of Tort Law in2009,it is a new landmark in thefield of torts. The provisions involved by the acts of joint tort aremainly Article8,Article9, Article10, Article11,and Article12.However,in practice it is easily confused and contradictive, becausethe provisions are fuzzy and it is lack of a unified standards of theapplication and a feasible theoretical guidance. In the light of thepractical problem,the paper applies to research and analysis from ournational judicial practice including the cases about joint tort and tryto classify joint tort. By comparison, the paper researches the presentcondition of joint tort cases, classifies the concept and essence of jointtort, chooses the standards to rebuild the classification of joint tort,analyses the theory about the classification and its lawful effect inorder to find out a more applicable method.Besides the introduction, the paper is divided into six main parts.Introduction: Although our country promulgates Tort Law, the contentabout joint tort is so confused that it can’t be applied to judicialpractice to solve the dispute, which leads to the construction of thepaper.Part One: The paper classifies joint tort accord to the judicialpractice. It is mainly divided into three categories: faulty joint tort, joint tort associated with behavior and quasi-joint tort,by collecting24cases about joint tort in which “joint tort,intention, aiding andabetting to help, associated behavior” is keyword search.Part Two: The paper analyzes the research status about joint tort.The first section through comparative law research, analyzes Germany,Japan, Taiwan,, America, our joint tort theory; Section II describes theconcept and essence of joint tort in China, focusing on the nature; SectionIII rebuilds the standard of the types of joint tort, and brings up thebroad definition of joint.Part Three: The paper is the research of the faulty joint tort. Thefirst quarter mainly introduces the basic theory of faulty joint tort;in the second quarter which is the most important in the part, it is aboutthe dispute in the theory of Joint negligence behavior and the judicialpractice, especially describing the definition of joint negligence inpractice; the third quarter researches the issue of the theory andpractice in the joint tort behavior associated with instigation or help.Part Four: The paper researches joint tort associated with behavior,especially clearly introducing the definition of behaviorassociation,and compares the simultaneous causal relationship, thecausal relationship of competition and the partial causal relationship.Part Five: The paper researches the quasi-joint tort, which focuseson the specific analysis whether that the danger prove there is nocausality between its behavior and damage can be exempted from liability,and through the analysis of cases, makes the joint dangerous behavior adetailed explanation.Part Six: The paper makes an introduction of legal effect of jointtort. Based on the said (joint liability),the paper brings up that itcan be applied to shared liability in some con.