美国侵权法中的连带责任制度及其对我国的启示法律专业毕业论文.docxVIP

Abs Abstract 1 1 The joint and several liability in tort law refers to two or more debtors have the same debt and the same damage responsibility. It was earliest recorded in the legal documents in the ancient Roman Times. The joint and several liability of Common Law originated in the United Kingdom, and the United States inherited it . In the United States, the joint and several liability has experienced from the NO Contribution Rule to the Contribution Rule, and from only to intentional tort to negligence tort. In the late 1970?s, many states abolished the joint and several liability. The tort reform in the United States is the external cause of the decline of the joint and several liability. In the reform, the focus was whether to abolish the joint and several liability or not. The opposition held the view that the adoption of the pure joint and several liability was unfair to the Mr. Deep Pocket. But the preserved didn?t agree with them. They held the view that the negligence between the plaintiff and the defendant was totally different. The plaintiff?s negligence is just that they failed to fulfill their reasonable duty to protect themselves, but this kind of negligence is not harm to others. The debate had lasted for ten years between the two factions, as the result, the joint and several liability was restricted to apply. There are many defects of applying the joint and several liability in judicial practice in our country. Such as the phenomenon of abuse of joint and several liability in the litigation practice. Drawing on the results of tort law reform in the United States can improve the joint and several liability in our country. Key words: joint and several liability; comparative negligence; damage sharing; American tort law; Mr. Deep Pocket 目录 目 录 后 后 记 44 1 1 - - 2 - 引 言 1 一、连带责任的概念 2 （一）连带责任的概念 2 （二）连带责任与其临近责任形态之关系 2 二、连带责任在美国侵权法上的确立 4 （一）连带责任之起源及确立 4 （二）美国侵权法中连带责任的制度 5 三、连带责任制度在美国侵权法上的早期发展 11 （一）从禁止分摊规则（NO Contribution