The Legislation And Judicial Practice Of The Un-internuncial Joint Tort

With the development of human society and the increase of people, the cooperation of people is becoming more and more close and frequent. Multple Tortfeasors is happening more frequently. As a result, Multple Tortfeasors becomes an important component of the Tort Liability Law. Un-internuncial Joint Tort theory is an important part of Multple Tortfeasors, which has a development period in China. There isn’t a clear definition of its concept in the Tort Liability Law. But the article 11 and article 12 stipulate its liability. However, because of some vague legislative provisions on civil law, the scholars have many disputes over the interpretation and explanation of the Tort Liability Law.This article focuses on the the relevant legal provisions concerning Un-internuncial Joint Tort and puts forward some scholars’ different viewpoints about Un-internuncial Joint Tort. Then this article shows the difficulties in judicial practice through the method of case analysis. Finally, the future outlook of the relevant legal interpretation and my suggestions are put forward.This paper includes three parts: introduction, main body, conclusion and references. The introduction describes the major research topics, the research significance of the topic, the reference literature, the structural outline, the research methods, the innovation and deficiency of this article. The conclusion and references section summarizes the issues and perspectives of this article, and then lists the books which are refered to. The part of the main body contents four chapters:Chapter 1 is an overview of Un-internuncial Joint Tort. It introduces the concepts and of Un-internuncial Joint Tort and compareds Un-internuncial Joint Tort with Joint Tort and Joint Dangerous Act.It also introduces the legislative history and the present legislation of Un-internuncial Joint Tort in our country.Chapter 2 is an important part of this article, which states the legislation system of Un-internuncial Joint Tort, especially the rules of the Tort Law of the People’s Republic of China. It starts from the the investigation of foreign legislative cases. By using the method of comparison research, it summed up the advanced ideas of foreign legislative cases. Then it divides Un-internuncial Joint Tort according to the provisions of the Tort Liability Law. Then it introduces the vague and controversial elements of article 11 and article 12.Chapter 3 is the judicial practice section, which describes the difficulties in practice and analyzes the reasons.Chapter 4 focuses on exploring the parts of the legislation need to be improved. And then make recommendations of the judicial interpretation which may be promulgated in the future.