Research Of The Bearing Of Responsibilities Of The Un-intentional Joint Tort

There has been a long-standing dispute over the infringement liability issue of unintentional contact with several people.After the implementation of the Tort Liability Law,there are legislative provisions on this issue,but the provisions are relatively vague and are not operable and cannot be fundamentally resolved.Issues such as division of responsibility and responsibility in practice.According to the "Civil Code(Draft)" published in December2019,the above issues have not been resolved at the legislative level,so it is necessary to continue to discuss this issue.Based on the analysis and collation of China’s current legislative,judicial and theoretical disputes,this article puts forward suggestions that are in line with China’s actual situation in combination with extraterritorial theory and practical experience: For the division of responsibilities,the possibility of infringement can be introduced to cause damage and the proportion of the possibility of damage.One factor,and comprehensive consideration of the degree of fault and the factors of cause and effect,make the division of responsibilities more accurate;for liability,you can learn from the tilted protection function of joint and several liability to the victim,and choose the method of not really joint and several liability,which achieves the damage to the victim.The inclination of the protector protects the infringer from the burden of internal responsibility sharing.This article mainly uses empirical analysis,comparative research and normative analysis.By sorting out and analyzing the relevant cases in practice,combining the disputes in the academic theories,I put forward the problems of unintentionally contacting several people to bear the tort liability,and propose relevant suggestions to solve the problems based on the analysis of the current law and extraterritorial experience.This article is divided into four chapters.The first chapter introduces the source of the sample case,analyzes the data in the sample case and the logic of the judgment of the typical case,and raises questions based on the analysis.The second chapter gives an overview of the infringement liability system for unintentional contact in China,including the evolution of the system and the existing academic disputes,and comparison with common torts and common dangerous acts.The third chapter compares and analyzes the relevant legal systems outside the territory and the infringement system of unintentional contact in China,and draws enlightenment.The fourth chapter puts forward suggestions on the infringement liability of several people who have no intention of contacting,including the priority application of part liability,the improvement of the standard of part liability recognition,and the application of not really joint liability.