Study On Multiple Tortfeasors And Liability

In 2009 promulgated "tort law" and the traditional theory of civil law, the most prominent innovation enriches theory and rules on Multiple Tortfeasors and liability.The mainstream theory of study theory and rules on Multiple Tortfeasors and liability, including liability of the majority of people, share in tort liability, tort liability form.The doctrine of tort liability form proposed by Professor Yang Li Xin,His aim is to realize "the perfect combination of behavior and liability", provides a new perspective for the study of civil law in the field of tort.The author combines with the views of the scholars on the basis of tort liability form doctrine, then analyzes the similarities and differences between the theory and rules,concludes that the new system of theory and rules of Multiple Tortfeasors and liability.There are three parts in this article: introduction, the theory and the conclusion.In the introduction, this paper introduces the diversification and complexity of the infringement behavior in the current society,and the phenomenon of the majority of people to infringe upon others, and impacts the system of joint tortious act which is based on the premise of the joint and several liability. In order to adapt the rapid development of society, to achieve the purpose of risk prevention, many countries had refined the majority of infringement behavior and rules,enriched tort type and the way of most people assume liability.This theory is the core of this article, there are three chapters. The first chapter is an overview of Multiple Tortfeasors and liability.It introduces the continental legal system, the common law system and the definition of t Multiple Tortfeasors and liability by the scholars in China. On this basis, the author defines the concept of Multiple Tortfeasors, and analyzes the necessity of regulating Multiple Tortfeasors and liability.And describes the development of Multiple Tortfeasors and liability from the historical angle. There are two parts in this chapter. The first presents the development of the legal system and the theory under modern Chinese Law. Thesecond is the development of the legal and theory in western countries,primarily in the ancient Rome, Germany and the United States as comparison objects.The second chapter discusses the types of Multiple Tortfeasors and liability.The author discusses the four types of Multiple Tortfeasors by Yang Li Xin in this chapter, and maintains that these four types are existing as an independent tortious act.The third chapter discusses the tort liability forms.more controversial infringement act types are Coincidence tortious act and the third tortious act.Through the analysis of the theory and the rule, the author proposes a different view.The conclusion part reaffirms the author’s view that the type of tort of most people and the rule of tort liability, presents a system about Multiple Tortfeasors and liability of corresponding tortious act and liability.