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On Joint Tort Liability

Posted on:2016-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:J P ZhangFull Text:PDF
GTID:2356330482958088Subject:Economic law
Abstract/Summary:PDF Full Text Request
Joint tort responsibility is a particular tort liability,as joint act of tort is also a damage behavior often occur in the social and economic life. Although ?the general principles of the civil law? of our country have been made some general provisions,but theory research is not enough deeply and widely.In our country, joint tort responsibility is separate evaluation very seldom,it's atached to the joint act of tort,sometimes it's refer to the latter. This approach lead chaos and not clear in logic theoretically. To the problems as applicable standards of the joint tort joint liability, shared responsibility, the unreal joint and several liability would suit in several tort field, there are still many disputes in the academic circles.So,it's very meaningful to research the Joint tort responsibility.PapersConclude from the introduction, three parts of the body, composition and the conclusion.The first part:summary of the Joint tort responsibility. The basic concept, is mainly from the legal characteristics of common tort liability responsibility standard, application of liability three aspects to thesimple discussion of the common liabilityThe second part:Joint liability of joint tort liability. First, from the perspective of tort liability, joint and several liability refers to the victim, the victim in our daily life, the right to claim compensation for damage to the main part of the responsibility, and the responsibility of the main body is responsible for all the compensation to the victim, the other responsible persons shall be exempted from the liability of the victim. The theory of joint and several liability should also take into account the actual conditions of our country. First, the primary stage of socialism is a social development phase, which is in the present and future of our country. In the social security system, the social security system needs to be improved. Secondly, from the point of view of the victim of because of the common tort everyone numerous, the victim alone as the main subject. The position will appear more vulnerable, if the cancellation from the law will be joint tortfeasors jointly and severally liable for the obligations, it will force the victim to one by one to the harm of human rights advocates, the emergence of this complex situation will undoubtedly increase the cost of litigation, complicate the lawsuit, the victim's recovery has greatly increased the difficulty, which is contrary to the law of our country of "fairness" principle, more undermine legal authority and credibility. Again, from the point of view of the perpetrators of in joint tort is not all the perpetrators of the behavior of the role are independently without mutual influence, and in most cases is due to the organic combination of the infringer independent behavior which leads to the occurrence of damage as a result of, tortfeasors each to the damage of the duty ratio, it is difficult to distinguish, and logical can be compensation for damage is ordered them to assume joint responsibility.The third part:the responsibility of the joint tort liability. In the case of the number of people, the behavior of the people in the subjective contact and their behavior leads to the occurrence of common consequences, the case because it does not have the nature of joint tort behavior, it should not assume joint tort liability. In determining the number of tort liability, it should take full account of the people in the common cause of damage to the behavior of the degree of fault, the cause of the damage, and therefore, according to the number of people who are responsible, according to their own fault or the size of the cause of the victim to bear the corresponding responsibility. That is when two or more than two people in the subjective aspect does not have the same meaning, but the same damage consequences are produced, because the behavior of the individual behavior has been combined, the proportion of the responsibility should be based on their own fault, if the same damage is due to the two person to determine the proportion of liability, the number of persons responsible for damage to the consequences, when the size is difficult to determine, the person should bear the responsibility of the average.The fourth part:the joint liability of joint tort liability. In our country there is no uniform civil code, in the civil law system in the vastness of the sea nor on unreal joint and several liability system were expressly, but scholars generally think not really joint and several liability and joint and several liability is differentiated, and agree with this view. We believe that the occurrence of the joint liability is not real because of the generalized right of claim, from the subjective point of view there is no common fault between the responsible person. Therefore, in the author's opinion, the author's view that the right to co- competition is the most essential feature of the non- related debt, which is not the real joint debt, which is a kind of multi- person debt that is formed due to the concurrence of the right of claim. When the creditor requests the rights of the debtor to fulfill the debt of the same purpose as the same purpose, this article is the right of the right to be competing. This is different from the right of claim in the narrow sense.The fifth part: the supplementary liability of joint tort liability. Supplementary liability is a kind of relatively independent implicated responsibility, under normal circumstances, the supplementary liability is depends on the main responsibility of the existence of, if the main responsibility to belong to the elimination, supplementary liability correspondingly ceased to exist; if the main responsibilities are to bear, supplementary liability must be to has not yet repaid the remainder shall bear the liability for compensation. In addition to the above two kinds of circumstances, when the main responsibility of unknown or completely lost the ability to compensate, supplementary liability need alone to bear the full responsibility, then enjoys the main responsibility of the right of recourse. Therefore, supplementary liability does not belong to a separate liability form, but a form of civil liability corresponding to the main responsibility, that is, the supplementary liability is only a temporary duty, not a final responsibility, and the responsibility of the party is still the main responsibility. From the relationship between behavior and damage results, the occurrence of damage is usually caused by the direct action of the main responsible person, and it is not the main reason that the behavior of the supplementary responsible person is related to the damage. Substantive responsibility for the consequences of damage shall be borne by the responsible person.
Keywords/Search Tags:Joint tort liability, joint responsibility, shared responsibility, unreal joint and several liability, Supplementary liability
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