The Research On Apportionment Of Multi-Party Tort Liability

The multi-party tort originated from the joint tort and the act of aiding and abetting.Later,the German law developed the joint dangerous act.China develops un-internuncial joint torts,and finally forms the complete Chinese tort system of multi-party.The constitution of tort liability of several persons includes: plurality of liability subject,commonality of tort,identity of damage consequence,and diversity of causation.At the same time,multi-party tort liability theoretically has several forms of liability,such as joint liability,shared liability,unreal joint and several liability,partial liability,and complementary liability.The theoretical interpretation of the form of legislative responsibility is still controversial.This thesis explores the legislator’s interpretation and expectation on the apportionment of multi-party tort liability,analyzes the relationship between the right of recourse and the apportionment of liability,and discusses the theoretical basis of the apportionment of multi-party tort liability by drawing on the judicial experience of the apportionment of tort liability by multi-party outside the territory.Practice is the sole criterion for testing truth.Judicial practice is to determine a reasonable balance between reason,law and emotion,and maintain social fairness and justice through judgment.In judicial practice,the facts of the case are unclear,the evidence is insufficient,and the identification of causation is difficult,which makes it difficult for the judge to choose the appropriate way to share liability in the complicated case.In addition,multi-party tort liability cases involve medical treatment,Internet,intellectual property,environment and other fields.How to apportion responsibility reasonably is a difficult problem in practice.Therefore,the motivation of writing this thesis is to study the tort liability allocation rules of several civil liability subjects,so as to provide methods to maintain application balance in judicial practice.The apportionment of multi-party tort liability is not an innovative research,but it still has theoretical and practical significance.Combining with the characteristics of different types of cases and judicial predicament,the thesis discusses the apportionment of tort liability,the reduction of tort liability by the victim’s fault and eggshell skull body,and analyzes the elements of apportionment of multi-party tort liability.Simultaneously,legal theory provides a feasible standard for responsibility sharing in judicial practice : In the case of apportioning tortious liability,there is a variety of liability apportionment methods,which is mainly based on cause force and fault.Different application methods have their own advantages and disadvantages.Correctly understand the meaning of the cause-force and fault-oriented responsibility sharing mode,and develop quantitative responsibility sharing mode.The only way is to improve judges’ applicable ability of rules of thumb in cases simultaneously,so as to solve the dilemma of apportionment of tort liability of several people in judicial practice.