| With the development of human society and the increase of people, JointInfringement is happening more frequently. As a result, different to separateinfringement, joint infringement becomes an important component of the tort liabilitylaw. Joint Infringement in China has a long development period, from "The generalprinciples of the civil law" to the tort liability law, the rules is becoming more andmore reasonable. However, the content of joint infringement in Chinese tort law issimple and incomplete. Therefore, this paper puts forward some viewpoints fromabove perspective. The whole paper includes three parts: introduction, main body, andconclusion, and the part of the main body contents four chapters.Part1is introduction, introduce the purpose and meaning of the selected topicand The existing literature review. In addition, it introduce the Methods to researchand innovation on research methods.Part2is main body, which contents four chapters. Chapter1introduces thegeneral situation of infringement of the majority of people and pointes out thedifferent provisions of china in different period. I Introduces the latest legislation inthis part.Chapter2introduces three theories of " Joint " in the eight article of the "Chinese tort law", which includes subjective thesis, objective thesis and compromised thesis. Based on some famous scholars view and compared with therelevant point, I Find out the reasonable points and unreasonable points, and putforward my own views.Chapter3is conclusion. In this part, I point out that the8tharticle in Chinese tortlaw should include the joint negligence.Then, I put forward my reasons: Firstly, jointnegligence exists. Secondly, the acknowledgment of the joint negligence does notlead to the miss use of the8th and10thprovisions. The thesis of joint negligence canhelp to reduce the burden of the victim. |
