On Administrative-Civil Tort Joint Liability and Its Judicial Identification

The administrative-civil tort joint liability refers to the compensation or other forms of responsibility both the administrative organ and the individual should undertake together when the combination of the administrative organ illegally exercising its authority and the individual infringement leads to the damage of a third party's legal rights and interests, based on the same fact reason or legal reason. This issue shows some features, such as the tort subjects are plural, the tort behavior is compound, the tort subjects' meaning of fault is common, and the tort behavior combination is specific, as well as the tort consequence is identical and inseparable. It is necessary and feasible to put this kind of joint liability into judicial practice. By the standard of the ‘subject, behavior and consequence', judges can identify it in cases. For its litigation procedures, the mode of administrative litigation incidental civil action can be used. And for its compensation range, the individual should undertake the whole damage while the administrative organ the direct damage as maximum. In addition, there are also some differences in the recoupment path compared to the traditional system of civil joint and several liability.