无意思联络共同侵权的认定及责任承担——以某人身损害赔偿案为例-identification and liability of joint infringement of unintentional contact - a case study of personal injury compensation.docxVIP

AbstractIn today’s gregarious society, people, with much depende nce on each other, are becoming more intimate than ever before. The situation that several individuals cause joint damages as a result of infringement without joint faults is widely spread. Also, its frequence, scale and extent is on the increase, gradually evolving into an important problem with infringement laws. Such a kind of infringement is the very focus of relevant debate on joint infringement theory—— joint infringement without connected will. Different recognition and judgement of various courts on guilt establishments, imputation principles and liability assumptions are emerged due to the fact that legal construction cannot catch up with times and scholars’ research fail to cope with complicated cases, which finds an abnormal phenomenon that different judgements are imposed on one case, thus directly affecting judicial practice to be unified and consistent. In turn, involved parties are certain to be suspicious of courts’ fairness and standards, making a damage to the dignity of laws. Judges’ power of free discretion is under the doubt, fairness and justice of laws is beyond the reflection, and people’s belief and expection of judicial is in ruin.Against such a circumstance, the paper is intended to adopt the method of case analysis to demonstrate controversies of the case and relevant judicial practices, plus the author’s own thoughts in detail. Apart from the introduction and ending, the paper mainly consists of three parts: makes a brief introduction about the case and puts forward the debate fo cus; tries to explore the development of the theory of joint infringement without conncted will and related research of scholars, as well as analyze the case and reaches a conclusion; attempts to resolve problems existing in China’s judicial practices and pr ovide available suggestions for the draft of future infringement laws through thinking on the system of joint infringement without connect