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Discussion on the Joint Act of Tort

Author: WangZhiYing
Tutor: DaiYongSheng
School: East China University of Political Science
Course: Legal
Keywords: Joint infringement Commons Joint and several liability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 77
Quote: 0
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Abstract


With the development of society, more and more cooperation between people, inevitably infringe the interests of others in the process of cooperation. In order to deal with the infringement of this people, the countries of the world are set up in the civil law joint tort system but recognize different due to the common nature of the infringement, and in the administration of justice continue to adjust the balance of interests between the tortfeasor and the victim the joint tort system, so how should set up a more contentious issue. This paper attempts from the essential characteristics of common infringement, the constituent elements, the type of joint infringement, joint tort discuss joint tort system to take on five aspects of the difference between joint tort responsibility and related concepts. The first part, in order to define the concept of joint infringement, the author first discusses the essential characteristics of a joint tortfeasor. Academia recognize inconsistencies, the common nature of the infringement, the existence of different types of doctrine of \Discussed in view of the three theories, reason and inadequate, I put forward their point of view: the the subjective fault that said with the objective behavior relative compromise. And adopted the term to describe the the subjective fault that the objective behavior that compromise advantage. The second part discusses the constituent elements of the joint tortfeasor as a multiplayer tort type: victimization main complex, harm the principal should have the capacity for civil harm commonality of subjective fault, tort commonality damage results consistency, responsibility, jointly and severally. Through the analysis of the constituent elements of common violations, to further clarify the conditions constitute a joint tort author of the definition of common tort behavior: two or more persons, and on the understanding of the basis of the author of \main based on the implementation of common fault infringe upon the legitimate civil rights acts, or has no fault, but their behavior objectively linked to form a unified community, causing damage to others, which shall be jointly and severally liable infringement. The third part discusses the types of common violations divided. Defined the common nature of the infringement, there is a different point of view, leading to a type of common violations also exist different theories. Subjective fault, the author said the objective behavior the phase compromise viewpoint on the basis of a common type of infringement by, divided into: joint tort narrow sense, aiding and abetting acts, the groups cause damage behavior. Each type of profiling, makes it more targeted, more operational in the application of the law of common violations identified. Part IV discusses the difference between joint tort concept. Contact number of people with common risk behavior and meaning by comparing joint tort tort subjective, objective, time, space, and causality characteristics, makes even more clear in the definition of joint tort on. Part V discusses the the joint tort why liability in the form of joint and several liability as well as internal and external legal effect of joint and several liability. By discussing tort based on \the burden sharing principles and claims issues.

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