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On Joint Tort Behaviours and the Responsibity Undertaking

Author: MaoZhongHai
Tutor: ZhangZhengZuo
School: Suzhou University
Course: Legal
Keywords: Joint tort The essential definition The categorization The responsibility undertaking
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 126
Quote: 1
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Abstract


As a special kind of tort, Joint tort differs from single tort in its main bodies, which belongs to the category where several people infringe upon the right. The essential characteristics“the commonality”causes it to distinguish between other torts made by several people, because the characteristics“the Commonality”demands the law should order each tort upon the right to be recognized and the associated compensation responsibility to the victim to be undertaken. Therefore, the accurate definition of Joint tort enables each right infringer to undertake the responsibility justly, safeguard the victim to obtain full compensation, and at the same time balance between litigant’s benefit, which makes great sense.On the defination of Joint tort, theorists hold defferent opinions, thus forming the Subjective Joint Theory, the Objective Joint Theory, Compromise Joint Theory and so on. Also, the undertaking of its responsibity varies from each other.‘The Explanations on the Laws to Deal with Personal Harm Cases’by the Supreme People’s Court has official regulations on Joint tort and its responsibility undertaking, but it fails to stop the argument on the system of Joint tort.Besides the preface and the conclusion, there’re altogether five parts in this article. By analysing the advantages and disadvantages about the essential definition“the Commonality”in the theoretical field and the regular evolution of various countries’legislation, the first part draws the conclusion that the tendency of the definition of joint tort goes from the subjectivism to the objectivism. And the goal of confirming the essential definition lies in defining the range of joint duty and guarantees the victim to obtain the protection of joint duty. Therefore, the definition should not be limited to the Subjective Joint Theory, that is, many offensive people cormmitting the same mistake form joint tort. Under the new situation, we should expand the suitable range of the system of joint tort to some extent. The second part has analyzed from the objectivie standpoint the limit standard of joint tort----with common joint tort behaviours of subjective and objective causation in common. The same damage for the same reason makes up Joint tort. Meanwhile, it analyses the objective legel interpretation of the definition of Joint tort by the Super Court and points out the recognition standard of joint tort made by the non-meaning contacts---direct combination.The third part makes typological division of the elements of joint tort behaviors. The fourth part has analyzed the legal consequence of joint tort and pointed out that the joint responsibity is the best choice for common responsibity undertaking. But when processing concrete types of cases, we should deal with them differently.The fifth part carries on the evaluation to the present legislation situation in China , and tries to propose tentative plans and suggestions of reconstructing the law of Joint tort in our country..The key part of the article lies in the definition of the essence of Joint tort and the recognition of Joint tort behavious.

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CLC: > Political, legal > Legal > Chinese law > China and France
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