Research On The Torts Of Direct Combination And Indirect Combination

With the rapid development of the modern society, particularly of the science and technology, the scope of human beings'activities is getting more and more extensive and the social activities of human beings are more complicated. While human beings enjoy the unprecedented activity freedom, the harmful accidents and risk increase day by day. Even though the feasors perform acts without joint faults, the acts may combine for some reason and cause the same damage to others. For regulating this type of torts and relieving the victim, the national legislators make legal regulations about"Direct combination of torts"and"Indirect combination of torts"originally according to the different types of the combination of torts. However, due to the excessive abstraction of the legal regulations and lack of applicability of the criterions about the extent of closeness to the combination of torts, the same or similar cases are treated differently .The anticipation and certainty of the legal regulations can't be realized. The irrationality of the legal regulations looms large.In order to cover the shortage of the legal regulations, the author originally put forward a criterion called"The space-time process criterion of closely associated torts"to judge closeness and non-closeness to the combination of torts. And then, According to the new criterion, the author reconstructs"Direct combination"and"Indirect combination"to make the legal regulations adapt to judicial practice.There are more than 30,000 characters in this paper, which is divided into 6 parts except the preface and conclusion.In the first part, the paper points out the concepts of"Direct combination"and"Indirect combination"in the relevant theories of some national scholars and the major controversy about the concepts.In the second part, the paper studies the source of law of"Direct combination"and"Indirect combination"from Common Law System and Civil Law System for further understanding of them.In the third part, the paper analyses the relationship between the two and the joint torts, the joint torts without joint faults, the torts of many reasons one cause to realize how the three theories influence the legislation of the two.In the fourth part, the paper analyses the three deficiencies of the legal regulations of the two, including the deficiency of the partition of act combination and cause combination, the criterions of the closeness to the combination of torts and the feasors in the"Indirect combination"assuming liability in terms of individual fault. And later, aiming at these deficiencies, the author gives advice separately including the advice of integrating the criterion of distinguishing the two, making the space-time process criterion of closely associated torts replace the current criterions and sharing the liability of the feasors in"Indirect combination"in terms of comparable causes.In the fifth part, to provide explicit methods of distinguishing the two in judicial practice , the paper reconstructs the two in a typecasting view. Then, the paper mainly puts forward the theory of the space-time process criterion of closely associated torts as the rational basis of the reconstructed two .In the sixth part, the paper ascertains the liability of the feasors in the reconstructed two, namely, the feasors in"Direct combination"assume joint and several liability and the feasors in"Indirect combination"assume shared liability. And then, the paper analyses the reasons.