Research On The Legal Identification Of Joint Infringement And Its Liability

The current social situation,several people tort and social and legal problems which caused by the massive damage by people more and more attention,and become an important research topic in the field of tort.In order to better regulate the behavior of infringement of several people,countries in the field of tort law successively set up the system of joint tort.However,in recognition of joint tort,constitutive requirements,responsibility principle of divide and rule exists in such aspects as the larger difference theory controversy and practice.At the same time,on the legislation,the tort debated defines the concept,essence of judicial interpretation also be vague and controversial.In addition,combined with common tort and principle of fault,causal relationship between crisscross entanglements,as well as the realization of tort compensation function defects liability the emergence of the social security system and insurance system,problems of joint tort more chaos.Therefore,the recognition of joint tort and liability issues for further in-depth discussion is of great significance.As an example in this paper,a traffic accident,to specifically describe how to accurately define the joint tort and clarify the responsibility.In addition to the introduction,this paper is divided into six parts.The first part,the cause of action and the case of selected case base is introduced,the trial of cases on comb,summarizing the focus of the dispute case,reasonable derivation research problems.The second part,the related legal problems of research,a detailed interpretation into a theory basis for the study of concrete,the main contents include the definition of joint tort,analyses the components of the joint tort,summarizes the standard of "intercommunity" of joint tort.The third part,through the system is the civil law countries and common law countries about the provisions of the joint tort system and in-depth analysis of its significance to perfect the system of tort in our country and the enlightenment.The fourth part,according to the case raises problems,and connecting with the actual situation in China,the joint tort system,fully revealed the current tort system in our country about the shortage of the infringement and the liability regulations.The fifth part,according to the current outstanding problems that exist in the joint tort system,put forward pertinence countermeasures,in order to help of establishment and improvement of the joint tort system in China.The sixth part,the case analysis and conclusion;According to the theory and related legislation,to specific analysis of the case,access to research conclusion.