Research On The Proportional Liability Of The Respective Torts Without Meaning Connection

The twelfth term of the Tort Liability Law stipulates that they should shoulder the compensation liability equally in the respective torts without meaning connection,when the responsibility of several infringers is not certain clearly.Shouldering responsibility equally is equal superficially,which seems to embody the oblique protection to the victims,however,by giving the case analysis and question conclusion to the regulations,it is not difficult to find that the way to shoulder responsibility equally misunderstands the concept of distribution justice and neglects the complexity of different responsibility in the actual society,which cannot be treated as the basis of the respective torts without meaning connection.Dividing the responsibility of Several People`s tort should not only embody the size of the responsibility that should be shouldered by every infringer and the content the damage of the positive correlation caused by their tort,but also the inner responsibility distribution among several infringers should match with the damage that they cause to the victims in the actual infringement cases,which are the specific reflection of fairness and justice of the value of law.The puzzles of the proportional liability of the respective torts without meaning connection need a bran-new theory of proportional liability to modify,so the fairly mature theory of proportional liability comes to our horizon.The sharing responsibility of the proposition of possibility of the prerequisite for damage result brought by the proposition liability basing on the infringement acts,which not merely eliminates the shortages of equally shared liability,but also is good for giving play to the deterrent function and relief function of tort liability law.The thesis is composed by three parts and they are introduction,main body and conclusion.In part of introduction,the thesis gives a brief introduction of the controversial issues about the respective torts without meaning connection,as well as states the aim and significance of this chosen topic.The first chapter expounds the rule and its defects of the respective torts without meaning connection.Firstly,expounds the general principles of the civil law,personal injury compensation and tort liability law legislation regulation,And the brief analysis of the mode of responsibility;Secondly,comparative analysis of the academic theory to the responsible persons responsibility share of uncertain situation controversy,which leads to the core content in this paper;The last of this chapter,a detailed discussion on the average the lack of responsibility,the average liability not only distorts the meaning of the theory of distributive justice,also violated the fairness and justice value orientation..The second chapter to draw lessons from the experience of foreign applicable proposition liability.Proportion of liability is defined,the proportion of liability rules in the United States,Britain and the tort law group more mature experience for reference,so as to provide valuable materials for perfecting our country's tort law.The third chapter analyses the feasibility and superiority of bringing in the proposition liability in our country.On the one hand,the former comes up with that the applicant propositional liability which balances sensibly the Conflicts of Interest between the Plaintiff and the Defendant,Protects the rights and interests of victims,conforms to the corrective justice of Theory of Tort Liability Composition,manifests the deterrent aims of the Tort Liability Law and so on;On the other hand,the latter investigates comprehensively the legislative basis of bringing in propositional liability in the environment tort,and the theoretical researches at home about the market share liability and loss of survival theory.The fourth chapter,which is the core content of the thesis,elaborates particularly the path analysis and legislative proposals of the propositional liability brought in the respective torts without meaning connection.Upon the reasons of judgement to the Proposition of propositional liability,and the factors that need thinking about during applying the propositional liability and the questions about the amount counting,the thesis puts forward the bra-new perspectives,meanwhile,in order to avoid applying the propositional liability unlimitedly,the thesis also gives a limit to the relative theories.In the final part of this chapter,the writer expounds the gist of the thesis,and emphasizes the propositional liability,which owns a height match between liability and tort,should be brought into the twelfth term directly,which can make up the shortage of the proportional liability of the respective torts without meaning connection.The part of conclusion emphasizes the core content of the thesis: regarding the propositional liability as the shouldering regulation of the proportional liability of the respective torts without meaning connection not only gives a reasonable protection of the rights and interests of victims,but also arrives at the aim of protecting and helping the victims.