The Research On Judicial Cognizance Of Joint Negligence Infringement

In today's society where there is a great division of labor and production and living conditions are becoming more and more complex,the common behaviors brought about by common production and life are becoming more and more common.This also makes common negligence infringement frequent.Although most scholars in the academic field believe that the common infringement in the narrow sense specified in Article 8 of the Tort Liability Law includes common negligence infringement,there are still differences on the connotation and criteria of subjective common negligence.In practice,because the nature of the common negligence and the standard of determination are not clear,resulting in the judgment of specific cases,the courts have different understandings of the law,so the determination of the common negligence infringement in the judgment has different interpretations.Therefore,to improve the standard of judicial determination of joint negligence infringement not only has relevant theoretical significance,but also has practical needsClarifying the criteria for identifying subjective common negligence is particularly critical for determining common negligence infringement.This article analyzes the foreign joint tort system and sorts out the relevant theories of domestic scholars.It is considered that the standard for the determination of joint negligence should be based on the standard of single negligence,and the violation of the common duty of care should be taken as the standard for determining common negligence.In this way,it is possible to make up for the specific problems in the current judicial determination of joint negligence infringement,such as the vagueness of the standard of common negligence determination.In addition,it is reasonable to take the violation of the common care obligation as the judicial determination standard for common faults.This determination standard is in line with the balance of interests in China's national conditions,and it is easy to be in line with China's current legal system,and in line with the development trend of tort law,and in line with the practical needs of judicial trials.The suggestion of this article to solve the problem of judicial determination of joint negligence infringement is to achieve the goal of clarifying the content of the obligation of common attention and the standard of judicial determination by improving the legal provisions and judicial interpretation.