Without Joint Intention Multiple Person Torts Liability Problem Research In China

With the development of social economy and the expansion of the human’s activities, infringement cases are increasing and becoming more complicated as well. Subjectively no link, no intentional behavior of several main body, combining the accident due to their own independent behavior, someone in the property or person damage, against the infringement behavior, academic circles call without meaning contact several people tort. If the tort committed several people no sense of connection is treated as the general joint tort merely by the form of the infringement, it directly violates the principles of justice and faimess.However, it is too brief to determine the share of responsibility without concrete interpretation and regulation, which causes academic controversies and also directly results in confusion in judicial practice. The case of same nature may have different outcomes for different cognitions by the judges. Based on the above, this essay analyzes the problems when bearing responsibilities for the tort committed several people no sense of connection and gives suggestions as well. Based on its nature, the author sets up a feasible plan for responsibility affirmation. This research not only can make our country’s tort system more complete, the most important thing is to provide the basis for the legislation and judicial practice in our country.The body of the thesis is divided into four partsIn the first part, the paper firstly enumerates the varying the definition of tort committed by a few people there is no meaningful connection and finds the difficulties of its legal application caused by mixed definitions. So it is certainly worth exploring its concept. Therefore, based on the opinions of scholars, the author redefines the concept and illustrates the elements of tort committed by a few people there is no meaningful connection in detail. A creative theory of constructive factors has also been proposed in this essay. In this chapter, in order to prove that a few people committed the tort should be meaningless connection exist independently, the author compares it with the joint tort and joint dangerous, which further clarifies the urgency of clear existences of a few people committed the tort meaningless connection in law.Part two emphatically discusses the classification of no mean contact several people tort and its relationship with responsibility identification, Argues that for several people nowadays tort law tort form division standard to the diversified development trend, but no matter how to change its classification standards, finally comes down to the cognizance of tort liability, because we study the infringing act is mainly in order to define the responsibility arise out of the infringement and problems, and shall bear the responsibility of what is affected by the infringement form.Fist of all,tort liability law in China in the form of logarithmic people tort division standard is plural, follow the principle of rationality by the tort liability law,; Second, the type of clear make more clear of tort liability, also the balance of the behavior of the infringement behavior person more, free, on the basis of the protection of the rights of the victim, to realize the social fairness and justice.Request the infringer assume responsibility should be consistent with its type.In the part three, by the four types of above discussion, it is not hard to see the type of infringement by reason and fault leads, types and responsibility identification, the basis of the legislation of tort law principles on how to better solve the problem of tort liability as the basis, so the whole specification provision in the law of tort is all about responsibility to develop, but the core content of the principle of responsibility identification cannot be used alone force factors also can’t separate applicable fault reasons. This part around the fault causes and factors, therefore, the cognizance of the tort liability can be divided into four kinds:according to responsibility, joint and several liability, according to responsibility combined with joint and several liability, and not really joint and several liability.In the part fore, from the perspective of the development of China’s legislation on paper without meaning to contact several people of infringement, and assess the advantages and disadvantages of legislative provisions by law.That have to be perfect from three aspects, first of all, clear concept. In view of the "common" and "respectively" understanding differences lead to apply and mixed and suggest to integrate on subjective meaning, put forward the reference in the legislation for the subjective good faith in civil law and malicious behavior and meaning of the specification, the malicious is common infringement, contact tort kind is without meaning. Second, clear the responsibility of the infringer standard size. Suggestions in the law for personal injury and property damage, if it is a personal injury, the infringer to liability regardless of size for the take full responsibility; If it is property damage, from damage to property is the dominant factor or auxiliary factors, from the size of the violation of the behavior person reason, differentiated from the infringement behavior person’s subjective fault responsibility size. Finally, make clear the internal responsibility means of infringer. Recommended recovery from share according to share, no share in accordance with the average recovery from responsibility.