The Study On The Types Of Litigation Of Shared Liability For Tort

The shared liability according to Article 12 of the Tort Law of the People's Republic of China,is mainly based on the consideration of the balance of interests,and divides the share of responsibility according to the theory of causative potency or the degree of fault,thus avoiding the infringer from bearing huge economic loss that are disproportionate to the size of his fault.However,the types of litigation of shared liability for tort has been divided in judicial practice,its application has been arbitrarily and chaotic,and the value of shared liability has not been exerted.Therefore,it is of great value to analyze the problems of the judicial status and seek corresponding solutions.This article has a total of more than 30,000 words.Apart from the introduction and conclusion,it is divided into four parts:The first part is the practical differences and the problems of the types of litigation of shared liability for tort.First of all,this paper analyzes the practical differences of the types of litigation of shared liability for tort,from the perspective of motor vehicle traffic accident liability dispute cases,motor vehicle traffic accidents and medical negligence concurrence cases,and at the same time,it analyzes the attitudes of the parties and the courts in the litigation form toward the form of litigation in two different stages: the action dependence and the completion of the trial of a case.Secondly,from the current judicial status,in the two types of cases,the necessary joint litigation,the ordinary co-litigation and the separate litigation are applicable.There is no uniform standard for the chaotic state.The second part is the theoretical controversy of the types of litigation of shared liability for tort.What kind of litigation form should be applied to the litigation of shared liability for tort,there are currently three views on the theory: the necessary joint litigation,the ordinary co-litigation,and the selective litigation mode.These three options have certain merits,but they are limited by the current identification standards of the common litigation system,the litigation cannot apply the necessary joint litigation,the ordinary co-litigation cannot cover all such litigations,the selective litigation mode is only a compromise and does not solve the problem.The third part is the determination of the types of litigation of shared liability for tort.Firstly,it is introduced that the object of action should be identified when determining the litigation form.At the same time,the interests of the substantive law and the litigation law should be coordinated,and the choice of multiple civil litigation purposes should not be ignored.Secondly,after determining the relevant factors,it is determined that the litigation of shared liability for tort should apply the necessary joint litigation.However,according to the identification criteria of the current necessary joint litigation,it is not applicable.There are currently two amendment paths: the amendment of the object of action and the reconstruction of the identification standard.Finally,the reconstruction of the identification criteria is selected,and the “syncretic certainty” of the object of action is changed to the judgment “syncretic certainty”,at the same time,the necessary joint action should be divided into inherent necessary joint action and similar necessary joint action,so that the lawsuit applies the inherent necessary joint litigation.The fourth part is the construction of the specific system of the litigation of shared liability for tort when applying the inherent necessary joint litigation.In terms of the qualification of litigant,since the litigation of shared liability for tort cannot be characterized at the beginning of the litigation,the qualification of litigant should be qualified as requirements of the protection of rights,and the “freedom of the plaintiff to sue the defendant” and “the judge's forced adjustment of the additional defendant” should be adhered to.In addition,in dealing with the relationship between the joint litigants,because of the strong opposition between the infringers,it is necessary to pay more attention to the independence of the necessary joint litigants.