Responsibility Assignment Of The Un-internuncial Joint Tort In America

The Un-internuncial Joint Tort are argued endlessly because the difficulty to assign responsibility on independent tortfeasors.The assignment of responsibility is.too different from countries and periods to form a unified standard.It can be said that,the history of responsibility assignment of the Un-intermuncial Joint Tort in America,is the development history of Joint and Several Liability.Before the 1970s,the Joint and Several Liability began been applied in the Un-internuncial Joint Tort.Then it was free from time limit and indivisible damage became the only factor of it.But after that,joint and Several Liability faced with reform.Many jurisdictions began to look for new forms of responsibility assignment.Up to now,there are five tracks.The first is Joint and Several Liability;The second is Several Liability;The third is Joint and Several Liability with Reallocation;The forth is Hybrnd Liability Based on Threshold Percentage of Comparative Responsibility;The fifth is Hybrid Liability Based on Type of Damages.In addition to the above five tracks,most jurisdictions also specifically stipulate that intentional tortfeasors and tortfeasors liable for failure to protect the plaintiff from the specific risk of an intentional tort shall be jointly and severally liable.Compared with the relatively advanced system in America,there are some problems in our current legislation,such as the lack of definition,the ambiguity of the liability standard low degree of differentiation.By learning from the American tracks,we can get some inspirations.On the one hand,adhere to the current standard about responsibility assignment,and make clear the definition in the Un-internuncial Joint Tort to distinguish it from other types of joint tort;Refine the standard of responsibility assignment by referring to the comparative negligence,to clarify proportion of respective liability;Establish the redistribution rule that other solvent defendants accept the share of someone who can'tafford it.On the other hand,there are two types of actor shall be stipulated specially:the person liable for non-economic damage is several liability,and the intentional tortfeasor is joint and several liability.