Discussion On Un-internuncial Joint Tort

As people's contact becomes more and closer,the interaction between people increases.More and more overlapping lives and contacts cause an increase in the probability of disputes between people,especially the multiple people's tort.While in judicial practice,the concept of various Multiple people's tort,the define of types,and the commitment of responsibility are all controversial,especially the Un-internuncial Joint Tort.Because there is no exact definition of Un-internuncial Joint Tort,in practice it is often confused with Joint tort and Joint dangerous behavior.The theoretical and practical circles have been discussing the Un-intemuncial Joint Tort,especially after the general principles of civil law have passed.In the next stage of legislative work,the revision of the Tort Liability Law under the framework of the Civil Law will be gradually carried out.It requires to conduct a theoretical analysis of the Un-internuncial Joint Tort and to provide an operational and scientific theoretical basis for the legislation in combination with the existing legal framework.First of all,this article combines scholars' different views on the concept of Un-internuncial Joint Tort,clarifies the concept and components of Un-intemuncial Joint Tort.And it compares the Un-internuncial Joint Tort with related Multiple people's Tort so as to reveal the connection and difference between Un-internuncial Joint Tort and Joint tort and Joint dangerous behavior.Secondly,it makes clear the classification and liability of Un-internuncial Joint Tort.The author summarizes the classification of Un-intemuncial Joint Tort in the academic and existing legal provisions,analyzes the advantages and disadvantages of various classifications,and proposes the divisibility of damage as the standard for the classification of Un-intemuncial Joint Tort,combined with the responsibility of the law clearly separable or not in accordance with the damage.The infringer shall bear the liability by shares respectively or jointly and severally liable.Finally,this paper analyzes the legal provisions and theoretical studies on the Un-internuncial Joint Tort outside China,draws on the reasonable and consistent part of the legislative trend in China,and combines the deficiencies of China's existing provisions on the Un-internuncial Joint Tort,and puts forward suggestions for improvement.The first is the definition of the concept of the torts of Un-internuncial Joint Tort.Secondly,according to the divisibility of the damage,the types of torts of Un-intemuncial Joint Tort are divided,and they are respectively applicable to the liability by shares or joint liability.Third,while determining how to bear the external responsibility,the internal responsibility of each infringer is scientifically divided according to the reasons and faults of each infringer.