Legal And Economic Analysis Of Joint Tort

Since the 21st century,the theory of joint tort has become a hot topic of research,and the doctrinal approach to this field has been systematized.2020 Civil Code provisions are basically unchanged from the previous tort liability law,and it seems that joint tort is no longer a hot topic of theory and a focus of judicial practice.To a certain extent,this is due to the insufficient exploration of the institutional basis of joint tort in traditional jurisprudence.Although the analysis and explanation of joint tort by existing scholars are scientific and professional,they fail to fully explain the logic of the evolution of joint tort,and fail to make sufficient contribution to the accumulation of knowledge in this field.This article draws on the accumulated knowledge of civil law scholars on the tort of the majority and the relevant research of legal economists on the economic analysis method of law,and discusses the logic of the construction of the joint tort system and the reasons for institutional choice.The main purpose of this paper is to analyze the function of tort law and the logic of joint tort by using the economic analysis method of law,and to respond to the logic of joint tort perpetrators’ behaviors by choosing specific rules,so as to The purpose of this paper is to analyze the function of tort law and the logic of joint tort.This paper consists of eight sections,including the introduction and other chapters.The preface contains the background and significance of the study,literature review,and research methodology.The focus is on the review of foreign literature,which is based on the research results of various scholars,and the different perceptions and views on joint infringement under the economic analysis of law.The first part defines and analyzes the connotation of the core concept of "joint tort" in the title of the paper,with the purpose of defining the object of the paper and providing a clear basis for the discussion and the corresponding institutional background for the subsequent part of the paper.The second part of the paper reflects on the essential function of tort law and the traditional narrative,pointing out that the essential function of tort law in the perspective of legal economics is risk prevention,and laying the foundation for further analysis of the institutional logic and rule selection of joint tort by means of the function of tort law.The third part of the main text,based on the cost-benefit analysis method,is devoted to the argumentation of the logic of joint tort in the light of the function of tort law,and the entry point is found for giving full play to the incentive effect of the specific rules of joint tort on joint tort perpetrators-the causal relationship in the elements of joint tort establishment,the way of joint tort liability（internal and external）are all targeted breakthroughs for the response of law and economics to this problem.The fourth,fifth and sixth parts of the main text analyze the importance of the choice of the principle of joint tort liability,the determination of causation,and the internal and external modes of liability in stimulating the level of attention and activity of joint tortfeasors,and in realizing the risk prevention function of tort law.Finally,the concluding section summarizes and reviews the logic of the whole article,in order to better help readers to sort out the article and increase their knowledge and understanding of the economic analysis method of law and the joint tort system.Through theoretical and institutional studies and researches,this paper believes that in terms of the construction of the joint tort system itself,the principle of no-fault liability for joint intentional torts is conducive to motivating the actors to devote the best level of attention and behavior;for joint dangerous acts,the principle of fault liability rules is conducive to the actors to devote the best level of attention and behavior.With regard to the determination of causation of joint tort,the judicial attitude of"possible or potential causation",i.e.,a lenient determination of causation,is conducive to the achievement of the best incentive.As for the internal and external liability of joint tort,the principle of joint and several liability and the principle of contributory liability are the best incentives for joint tortfeasors to adopt the best level of attention and behavior,thus promoting the maximization of social welfare and the achievement of the risk prevention function of tort law.