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The Identify of Narrow Sense Common Tort Violation in Judicial Practice

Author: FanJingChun
Tutor: ZhengChunYu
School: Inner Mongolia University
Course: Legal
Keywords: Special joint tort
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 98
Quote: 1
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Abstract


Common tort system in theory known as the great dispute, scholars for how to determine special common tort "common" puts forward his own views, basically have subjective, objective, and said, half said, etc. But no matter what kind of point of view, the ultimate objective is to in the judicial practice better, more fair and justice and the settlement of specific cases. For the judge speaking, common infringement determination is also in the judicial practice is one of the difficult problems. The author as a judge, in the actual case in the process also have a deep impression, so, this paper, from the concept of joint tort and legislation present situation, for the common infringement dispute at present the theory is discussed and analysis, combined with the case, how to in the judicial practice that common tort of thinking and the judicial practice common special common infringement behavior such as interesting contact common infringement behavior, help, instigated common infringement behavior, joint negligence of tort behavior, puts forward Suggestions to narrow sense common tort system research and special joint tort in judicial practice that the help.

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