The Objective Joint Tort Liability Of Motor Vehicle Traffic Accident

Due to the motor vehicle traffic accidents have the characteristics of subjective negligence, the complex behavior, serious and inseparable damage consequence, so objective joint tort gets more in motor vehicle traffic accident. Compared with the other joint torts in motor vehicle traffic accident, objective joint tort theory is more complicated to define and discuss responsibility identification. There are many blanks and conflicts of the legislation in the chamber, causing “common case of different judgments” in judicial practice. Theoretical analysis, objective joint tort in motor vehicle traffic accident have the notable features of having no common fault,combining closely with behaviors and the inseparable consequence. In view of the subjective mentality and causality in practice is difficult to grasp, so using “behavior way of combining” to divide the tort has more operational. Investigating the objective joint tort liability of motor vehicle traffic accident in Germany, Japan and Taiwan, it presents the tendency from the several liability to the joint and several liability. The trend essentially embodies a kind of value orientation, which is rational choice after value judgment to bear joint several liability. Legislative practice, the<Law on Road traffic safety> has no clear rules about such tort, so we should find the act in <Tort Law of the People’s Republic of China> and < Interpretation of the Supreme People’s court on certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage>, judging the rationality of paragraph 1 of article 3. In view of the abstract interpretation of Supreme Court about “direct combination” and “indirect combination", reconstruct it with the form of typing in order to solve such tout cases.