Joint Tort Analysis

Joint act of tort is a very complicated form of act of tort. The present Chinese law only stipulates on joint act of tort generally and simply. Some flaws involving on the categories of joint act of tort exist in legislation, which makes it difficult to understand and confirm problems such as joint fault, constituent element, liability undertaking etc. Some controversies exist in the academic fields. The radical different opinions about this problem result in different judgments in judicatory practice. We should deeply research on this problem, so as to protect right of the infringed and punish unlawful act, and resolve some complicated problems in judicatory practice. This essay analyzes above issues and provides some reference opinions to improvements of civil law and related legislation of joint act of tort.The essay is composed of the preface and the body. At the preface part, the author discusses the complexity and diversity of joint act of tort including the subject diversity, and identification of behavior and effect, inseparability of liability. Because legislation of our country is lagged back and deficient and related theories about joint act of tort are not perfect, therefore, we should improve the level of research of joint act of tort theory.The body part discusses the joint act of tort from five aspects respectively. In the first part, we introduced the development of the joint act of tort of the foreign countries as well as our country. The history of joint act of tort can be ascended to ancient Rome Code; its liability undertaking of 'charge of the animal injury' was similar with joint act of tort counterpart in modern sense. In German Civil Code, it isthe first time to define the joint act of tort, and bring out the theory of joint act of tort and common dangerous act and establish common dangerous act system. And then, Japanese civil law, Taiwanese civil law and so on, enacted the law about joint act of tort. In china, civil law and judicial explanation of Supreme People's Court also made such definition.The second part analyzes the extension and intension of joint act of tort concept. We studied the type of joint act of tort, included common injury act, common dangerous act and injuring others in partnership. Its intension is that several people have joint fault for damage or joint fault inferred by law, including common intention and common mistake. Moreover, we discovered the innate character of joint act of tort in the analysis of intension.From the third part, we know that joint act of tort should have the general constituent element of infringement, that is, unlawful act, injury fact, relationship between cause and effect, and subjective fault. And then, to analyze the constituent element of different types joint act of tort as common injury act and common dangerous act and injuring others in partnership.In fourth part, liability of joint act of tort was analyzed both internally and externally. Joint act of infringers should undertake the joint liability to the infringed. At the same time, we analyzed common injury act and common dangerous act and injuring others in partnership and relied on marketing theory to divide their compensation relationship of joint act of infringers.The fifth part is to research two special fields, that is, joint act of tort of copyrights in internet and common infringement cases caused by false statement in security market, and combined with the related explanation of supreme people's courtto demonstrate the apply of joint act of tort theory in special field through some typical cases.