Study On The Bearing Of Responsibilities Of The Un-internuncial Joint Tort

In our real life, such situation often happens that several persons without jointintention are bound together and cause the victim personal injury or property loss.And it is called un-internuncial joint torts by most scholars. The problem of theun-internuncial joint torts is always difficult and complex, and it is discussed for along time. We don’t have the unified understandings about the concept, requirements,classifications and the bearing of responsibilities. So, in this thesis, the author studiesthe theory as well as some practical problems related to the un-internuncial joint torts,and puts forward some suggestions.This thesis consists of four chapters. In the first chapter, the author discusses thedefinition and requirements of the un-inernuncial joint torts, and compares theun-internuncial joint tort with the joint tort and joint dangerous.In chapter two, the author analyzes the legislations about the un-internuncialjoint torts in common law system and civil law system, and discusses the differencesof these countries.Chapter three is the key part of the thesis. In chapter three, the author mainlydiscusses the classifications and the bearing of responsibilities of the un-internuncialjoint torts. Firstly, the author confirms “causal relation” is the standard of theclassification. Then, there are three types of un-internuncial joint torts: partly causation un-internuncial joint torts, added causation un-internuncial joint torts andpolymerized causation un-internuncial joint torts. Secondly, the author discusses thebearing of responsibilities of the different types of the un-internuncial joint torts.In the fourth chapter, the author analyzes the current legislation of our countryabout un-internancial joint torts, especially the “Tort Liability Law”. Although thereare some improvements, some incomplete problems exist. So, based on theseproblems, the author makes some suggestions of the legislation about un-internuncialjoint torts.