Research On The Joint Tort Liability Without Meaning Connection

Throughout the tort law system in Western countries, the specific and clear provisionshad been made for common violations. But the "Tort Liability Act" implement (2010) inour country has not make the non-contact joint tort provisions clear. This brings ourjudicial practice some problems. Although in recent years, some Chinese leading professoras Yang Lixin, Wang Liming, had made some research on it, but still did not get aconsensus on responsibility, which resulting in different outcome in the judge of no meanjoint tort cases. For some cases, compensation for joint and several liability is applicablewhile some need shared liability. That leads to different codefendant.The purpose of thiswriting is to help sort out problems of Joint Tort Liability without Meaningful Connection,and provide reference opinions for the judicial practice. This paper researches a lot on theJoint Tort Liability without Meaningful Connection, and makes a frame for the method tojudging the responsibility.The author uses the method of compare analysis to comparing the Joint Tort Liabilitywithout Meaningful Connection and general tort, Then uses the method of list at the sametime to list the legislation construction in Anglo-American law system and continental lawsystem. And also combines the analysis of the comprehensive method of law to analyze theconstitutive requirements of Joint Tort Liability without Meaningful Connection. Seeingfrom the perspective of this paper, interpret the Joint Tort Liability without MeaningfulConnection first, then we get a further understanding of the Joint Tort Liability withoutMeaningful Connection characteristics by the comparison with the joint act of tort of jointtorts. Secondly, on the basis above, classify and evaluate the Joint Tort Liability withoutMeaningful Connection. Thirdly, investigate the relevant state abroad, interpret the theoryfrom foreign countries on this research. Finally, in order to balance the behavior ofhuman freedom of action power while protecting the power of the perpetrator, and protectthe rights of both parties, we looking for a better method to maintain fairness and justicefor everyone. From the contents of the paper, the theoretical innovation of this paper lies in providing dependent responsibility for Joint Tort Liability without Meaningful Connection,and to provide reference for judicial practice in our country.