The Choice of Litigation Forms for Most Torts

บทคัดย่อ

           The choice of litigation form for majority infringement has generated a lot of controversy. The choice of litigation form is not only related to the compensation of the interests of the injured party, but also to how the responsibility is distributed among the infringers. Therefore, the types of joint litigation should be analyzed, and the litigation forms of various joint infringements should be defined in accordance with the "litigation subject theory" and the "unified determination of judgment standard theory" in order to achieve good litigation results. This study concludes that introducing a quasi-necessary joint litigation system can effectively balance the tension between the timeliness and adequacy of the parties' rights protection and the unity and fairness of the final judgment results. This approach guarantees the parties' right to choose whom to sue, helps them realize their rights quickly and fully, and ensures that the final allocation and assumption of tort liability align with the facts and the common values of fairness and justice.