Study On The Tort Committed By Several Persons Without Meaning Connection

With the rapid development of society,interpersonal communication becomes more frequently and closely,the risk of people's interests being infringed is also significantly improved and the state presents a mixed trend.Compared to the individual tort,the multiple persons' tort is a complex type.According to the characters of tort,the tort law provides a variety of the majority of the tort forms,the tort committed by several persons without meaning connection is one of the forms of tort.For a long time,the relevant legal provisions,concept,constitutive requirements,responsibility and other issues of the act cause controversy in the circles of theory and practice,which becomes the original intention of writing this paper.This paper consists of three parts: introduction,text and conclusion.The text is divided into four chapters.The first chapter introduces the scholars' different views about the concept,based on which analysis the behavior characteristics.On the comparative law,some countries do not choice the same practice like China view this type of tort independently,therefore arranges national legislation in part of the joint tort.By comparing with the joint tort,put forward different theories of the “common”elements,which pave the way for the following discussion.At the same time,also compared with the common risk behaviors and draws the disputed point.This paper introduces several kinds of different classification patterns,and appreciate the classification standard of the causal relationship between the harm behavior anddamage result.The second chapter is the concrete analysis of the cumulative causes.First of all,compares native and foreign countries' theory,the cumulative causes break through the theory of “but-for rule”in Anglo-American law;secondly,illustrate the responsibility and theoretical basis;finally,combined with the judicial case illustrates the problems of relevant regulations in the tort law.The third chapter is the concrete analysis of the combined causes,mainly focus on the mode of responsibility and the criterion for judging of the share liability.By comparing with the cumulative causes to identify problems.As responsibility model,introduces the responsibility mode and joint liability mode and respective reasons.For the problem of share liability,the paper introduces several theories and analyses the practicability of the criterion:synthesize degree of fault and causal contribution;finally,combined with the judicial case illustrates the problems of relevant regulations in the tort law.The fourth chapter is the suggestions,put forward the opinions on the tort system itself,and discuss the ultimate responsibility share of joint liability.