A Study On The Joint Action Of Several Torts

The status of several torts and joint action system in our substantive law and procedural law can not be ignored.China's current system of joint action requires that the object of action is common or the same kind.The strict restriction on the suitability of the parties makes this single mode of joint action fall behind the needs of judicial practice and incompatible with the diversified development of tort types in China.Due to the single litigation form,there is a huge gap between the legislation and judicial practice of several tort cases in China.However,in judicial practice,the judge adopts the economic and efficient strategy of pragmatism in the choice of several defendants involved in tort disputes,pursues clear case details and clear rights and responsibilities,selects the application of tort liability law or personal injury interpretation according to the facts of the case,and hovers between the necessary joint action and common joint action.The first chapter of this paper introduces the qieryao fake drug case which once caused a sensation in the whole country.The second chapter summarizes the joint action of the infringement of several persons in our country,from the concept,description and its characteristics,so as to find out the problems of the joint action in the infringement of several persons in our country.The third chapter respectively examines the concept,classification and substantive law basis of joint action of Germany and the United States,which are the representative countries of continental law system and Anglo-American law system.The fourth chapter puts forward more practical Suggestions for the improvement of the common system of tort of several persons in our country,and thinks that it is necessary to redefine the necessary form of joint action,better link up the system of the third party's participation in litigation according to the reformed form of joint action,and appropriately adjust the internal rules of joint action.