浅析共同侵权行为的认定及其责任承担.pdfVIP

Abstract In recent years, with Chinas fast economic and social development,the major changes in types and quantities of compensation for infringement disputes cases have brought many new problems and new situations to the practice of the trial.As the inevitable result of social development,the infringement of the majority,the large-scale damage and the social problems and legal issues that cause has become a growing concern and become one of the important issues of the tort theory. From the point of view of trends of modern tort system, the majority of countries and regions in the world have been making the balance of the offenders’ interest as the starting point of the establishment of the common infringement legisgation in premise of providing relief to victims as much as possible in order to achieve the balance of personal freedom and social security. In this thesis,the author discusses a number of fundamental issues on the system of common infringement by combining legal practice and jurisprudence. In the first part of this thesis , the basic theories in common infringement are introduced by the autor . First of all, the author beliebes that the definition of common infringement can be divided into two types: one is the broad definition of common infringement,which includes common act of offend, act of common danger and act of causing damage by partners. The other is the narrow definition of common infringement,which includes only common act of offend. In this thesis, the narrow definition of the common infringement,that is the common act of offend,is discussed.And then,the author sums