The Tort Liability Law Has Joint Responsibility Research

Joint and several liability is an important liability system in conventional civil law,it aims at giving aggrieved party compensation and relief,aggravating legal liability to infringer and protect the legal right of infringed man.Joint and several liability born mainly from tort,partnership,guarantee,agency and other acts,its regulations spread in many laws and regulations,say,<General Principles of the Civil Law>,<Contract Law>,<Guarantee Law>,<Tort Law> and other judicial interpretation of laws.In recent years,more relevant articles come in to affect in order to adapt to the more complex cases of particular applications come from a growing number of tort.Honestly,law has changeability,and its development will solve most tort cases.But there are many questions in the results of tort cases for legislation relative hysteresis quality,especially in joint and several liability.Therefore,joint and several liability serves as an important type of joint liability,it worth deeper discussing and thinking.The joint and several liability as the important part of <Tort Law> run through the whole law,it refers to eleven articles and spread in five chapters.As the important type of joint liability,it involves inside effects and outside effects such two legal nexus on assuming responsibilities.The outside effects mainly solve the reparation from infringers to the infringed men,and inside effects focus on the sharing of responsibilities between litigants.The application of joint and several liability is much easier in theory than in actual judicial practice.The problems always can no be solved timely and efficiently,especially in the inside recoupments between litigants.Therefore,the writer analyzes the relevant regulations on joint liability in China’s<Tort Law>,and attempts to set the contents to be key points,then give a profound exposition to the law contents both in theory and judicial practice.This paper divided into five parts:The first part: this part mainly introduces the regulations of joint and several liability system in abroad.the author explores the origin of joint and several liability in Roman Law,manifests how the historical process of joint and several liability system develops to an independent liability system.Taking French and German as main examples in civil system and England and America as classical countries in common law system.by introducing the development of joint and several liability system in advanced Western countries,analyzes the changing forms,legislative designs and logical constitutions in different Western countries.The second part: the regulations of joint and several liability system in Chinese history.This part mainly introduces the legislative status of joint and several liability system in China: joint and several liability did not became a independent and conventional system in civil law until revising the law-rivision in late Qing dynasty;in modern China,there are eleven articles relevant to nine status of assuming joint and several liability and the potency inside and outside,which plays an important role in the development of whole joint and several liability system.The third part: the analysis of specific types and articles in <Tort Law> in our country.This part mainly introduce the legal provisions about nine statues of assuming joint and several liability and the potency inside and outside in <Tort Law>in our country,by analyzing the relevant articles,gives more details about basic situations of all kinds of tortious liabilities,recoupment of the infringed man,liability share and recourse right of infringer,and explains the key problems.The fourth part: the problems of joint and several liability system in <Tort Law>in China.This part mainly analyzes the problems exist in China’s joint and several liability system application now: first,its article formulation is not normative;second,it aggravate individual infringer’s duty excessively;third,the judicial proceedings of joint and several liability system waste justice resourses.The fifth part: the suggestions of perfecting joint and several liability system in<Tort Law> in China.After conceiving and constructing,this part puts forward three solutions based to the above questions proposed in the fifth part: first,standardize the article formulation;second,establish the responsibility redistribution rule of joint and several liability system;third,establish an impartial and efficient judicial proceeding of joint and several liability.