Study On The Unreal Joint Obligation And The Perfection Of The Tort Law

This thesis puts forward the thinking of unreal joint obligation from a typical case of civil responsibility assignment. This special kind of liability between proportional liability and joint liability exists largely in practice. However, the deficiency of the theory on unreal joint obligation puts the judgments into dilemma. Therefore, the purpose of this thesis lies in the perfection of the theory on unreal joint obligation and the combination of the unreal joint obligation and juridical practice. This thesis investigates independent value of unreal joint obligation and deficiency of existing institution from several improper situations of unreal joint obligations in juridical practice and legal precedent to improve the existing law of unreal joint obligation.In order to accurately grasp the significant specialty and irreplaceability of unreal joint obligation on juridical practice and the legislation in the future, this thesis studies on the complexity and particularity of unreal joint obligation combining the existing academic viewpoints and legislation model of other countries.Besides, this thesis analyzes the rationality of independent value of unreal joint obligation by explicating the concept, characteristics, liability and potency of unreal joint obligation to evaluate the relevant stipulations on judicial interpretation by combining the infringement act in juridical practices.Finally, this thesis brings forth several suggestions about the perfection of unreal joint obligation on the basis of improving law so as to further complete existing unreal joint obligation in China and arose more public attention on unreal joint obligation in legislation and justice. Moreover, in terms of several repetitions in unreal joint obligation, this thesis suggests to delete, unify so as to apply the existing unreal joint obligation comprehensively. The categorization of legal regulation on unreal joint obligation from clarifying the concept, characteristics, liability and potency of unreal joint obligation may usher a new way to the regulation of unreal joint obligation.