With Regard To Contributory Infringement Liability Sharing Research

The tort liability act was formally implemented on July1,2010.It is an importantmilestone in the development of tort law in our country. And it construct the system oftort liability law in China. The liability share of joint tort though there is a bigprogress, but there is still a sad place. The author aiming at the shortcomings of thelegislation and the existing problems in the judicial practice, puts forward the rules ofdetermining the responsibility of each Joint tortfeasor, the scope of the claim forcontribution, and the redistribution plan of the responsibility of the Joint tortfeasorwho can’t pay the compensation.This paper altogether is divided into three parts, introduction, body and conclusionrespectively. This body will be divided into four chapters.The first chapter gives a general overview of the liability sharing of joint tort. Thepoint is the intrinsic value of the liability sharing of joint tort is the pursuit of justice,and the function of the liability sharing of joint tort including compensation,punishment and education.The second chapter is on the investigation to the liability sharing of joint tortabroad. In the first part is the investigation to the tort law of the United States, Ibelieve that how to determine the responsibility of tort and the redistribution plan ofensuring the claim for contribution is worth our using for reference. The second partis the investigation about the tort law of the civil law. I think that will be agreed uponbetween the parties into the method of determining the responsibility and theredistribution plan of ensuring the claim for contribution of the civil law is worth ourusing for reference, too.The third chapter is about China’s legislation and practice of j the liability sharing ofjoint tort and analysis. Since the first part is about the general principles of the civillaw on a common tort liability legislation situation in our country and makes a briefanalysis, put forward the legislation in our country there is no identify commoninfringer liability share program, does not give the infringer jointly determine responsibility share rights, not to share the right of claim, scope and lack ofresponsibility for not jointly and severally responsible to get compensation from theshare allocation problem again. The second part is about common infringementresponsibility share of the judicial practice in China and made a brief analysis, putforward without further explanation to "responsibility" size and lack of certain"unable to determine responsibility" to the size of the standard.The fourth chapter is about the countermeasure thought on the problems of thethird chapter existing in the legislation and practice in our country. The first part isputing forward to share the basic rules of common tort liability, including identifycommon tort liability share program, how to understand the responsibility size, anddetermine the standard of "unable to determine responsibility size, and give theinfringer liability agreement together share rights. The second part is to spread thescope of the right to rule. The third part puts forward the responsibility for not jointlyand severally responsible to get compensation from the share allocation again.