Identification And Bearing Of Responsibilities Of The Un-internuncial Joint Torts Analysis

With the development of society, peoples'interaction becomes frequently, joint torts occurring on a large number of people. The number of acts without meaning connection, it is a common phenomenon that their behavior combined with each other result in the same damage. Chinese scholars call it as without meaning connection joint torts. The academia has never stopped discussing on this topic, but has not yet made agreement on the concept, the essential difference between similar tort behavior and civil liability. In this paper, by analysis a typical case on without meaning connection joint torts, to card today's scholars opinion about the identification and civil responsibility of without meaning connection joint torts.This paper is constructed by six sections:The first section is an introduction, briefly introduce the background, current research situation, research content and research methods; the second sections is the brief introduction and the focus of controversy of the case which include the identification and civil responsibility of without meaning connection joint torts; the third section is the identification of without meaning connection joint torts, this part mainly introduce the definition and elements of without meaning connection by the academics' opinion, and compared it with Contributory infringement and common dangerous behavior; the fourth section is the civil liability of without meaning Connection joint torts, this part first discusses the two different views of without meaning Connection joint torts on civil liability secondly introduces the current laws and regulations of the system; finally, to reflect on the current legislation of our country and analyze its shortcomings. The fifth section is other countries'relevant provisions of without meaning Connection joint torts, mainly introduces the Germany, France, Japan, the United States, the United Kingdom; the sixth section is the improvement suggestions on without meaning connection joint tort system, to service for China's future legislation and judicial advice.Through in-depth study of without meaning connection joint tort, the writer can draw the conclusion:first of all, for the identification of without meaning connection joint torts, we think it should be listed as an independent form, not be contributed to contributory infringement and common dangerous behavior. Secondly, for the issue of tort liability, I agree with the legislation of continental law system and Anglo American law system countries, to damage results whether can be divided into standard, there will be no meaning contact number tort division is without meaning contact the tort committed by several persons caused by others the same damage and the damage can not be points and without meaning contact the tort committed by several persons caused by others of the same damage and the damage can be divided, both of which are imposed a joint and several liability and liability by shares.