Research On The System Of Tort Of Several Persons

The plural-party tort has always been a research topic in the field of civil and commercial affairs.After the promulgation of the tort liability law,there are still many controversies about the construction and distinction of the system of pluralparty tort.With the enact of the civil code,this paper intends to combine the theory and practice of the previous scholars and practitioners on the construction and distinction of the system of several person infringement,combined with articles 1171 and 1172 of the civil code and laws related,to elaborate the author's views and suggestions on the construction and division of the system of several person infringement under the civil code.This paper is divided into three parts:The first part is an overview of the system of plural-party tort,explaining the legislative status and related research status of plural-party tort in China,and on this basis,summarizing the basic problems of the system of plural-party tort and establishing the basic research ideas of this paper.The second part is the research of joint tort.Starting from the interpretation of article 1168 of the Civil Code,it clarifies the boundary of the concept of joint tort in Chinese law,and discusses the differences and relations between joint tort and separate tort.The third part is the research on the separate torts of several persons.By interpreting articles 1171 and 1172 of the Civil Code,it clarifies the two main types of the separate kinds of plural-party tort in China,and clarifies the difference and significance between the separate torts of plural party and other torts.