关键词： 共同加害行为, 连带责任, 绝对主义, 相对主义

Abstract: Now the common view on joint and several liability for the joint tortfeasors is the absolutism joint and several liability,which has many disadvantages such as lack of social efficiency,loss of judicial authority,intensification of internal contradiction,and breeding of judicial corruption.
Considering interest balance,value orientation of joint and several liability should be changed from absolutism to relativism,which also pays attention to tortfeasors’ interest and social interest.The guiding principle of relative joint and several liability is to settle internal and external disputes together,avoid recovery between tortfeasors,and let victim bear adverse consequences of process.As to the system design,the victim should claim and sue all the tortfeasors.Every tortfeasor should bear his respective proportion and only bear for others under special circumstances.Relative effect is created when the victim releases one tortfeasor’s liability,and the settlement between the victim and one tortfeasor also has relative effect.

Key words: joint tort, joint and several liability, absolutism, relativism