美国侵权法上的连带责任分析-民商法学专业毕业论文.docx

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Joint and several liability originated from Roman law, and it was inherited by both Continental law system and Anglo-American law system. In the Anglo-American law system, the joint and several liability was originally established in the UK, introduced to the United States in the 1840s and then widely acknowledged rapidly in many states, due to it can be implemented on the two goals of tort law - full relief for the victims and inhibition of the infringement act. When joint and several liability first introduced to the United States, it followed the English law, but as the demand of the practices changed gradually, the applicable scope of joint and several liability was expanded. However, as comparative negligence was adopted, as well as the phenomenon of Deep Pocket defendant occurred frequently, joint and several liability in the US had been widely questioned. Therefore, in the 1980 s, many states began to reform joint and several liability in American tort reform movement. In the tort reform movement, there is a controversy about the existence of joint and several liability, and do several states completely abolish joint and several liability, however, the general development trend is to limit the application of joint and several liability to various degrees. The development and the modern reform of joint and several liability in United States provides us a new perspective, which bring us a lot of enlightenment to perfect our countrys joint and several liability. This article mainly adopted the methods of comparative study and case analysis. The first chapter introduces the history basis of joint and several liability in American tort law and the legitimacy foundation, which lay the theoretical foundation for later. The second chapter expounds the establishment of joint and several liability in American tort law on and its early development, in order to make clear the early application scope of joint and several