Research On Part Of Joint And Several Liability Of Tort Liability

The dilemma of several people tort typification and the insufficient of elasticity of joint and several liability are the two big problems for the application of act of tort liability.Both Traditional theory and practice tend to view them separately,did not identify the crux of the problem lies in the responsibility type of undistributed effect,which with little success.In the term of specification design,it's supposed to build the effect types of part of the joint and several liability,with it's nature under the concept of typical joint and several liability.It is divided into general part of the joint and several liability and constructive part of the joint and several liability.General part of the joint and several liability takes the characteristic of distinguish part damage,the causality of part of the overlap as typed elements,which constitute legitimate "oneness" of part of the joint and several liability,as a result of constructing typical framework of a part of the type of joint and several liability.The former can be divided into the order of time intervention and the combination of as with inaction,and the latter is divided into part overlap of causality and the significant difference of causality.Constructive part of the joint and several liability is based on the consideration of public policy and social justice,which supposed to apply part of the effect of joint and several liability that based on legislative rules and Judaical interpretation under the framework of the existing regulations respectively.So,not only conforms to separate tort liability constitution and the logic of his own responsibility,and can be reasonably clearly realize the offender can default risk sharing.