Abstract: In the United States, the joint and several liability was once the favorite of the judges in their judgments. However, lots of issues have been revealed when it was prevailing in the courts. Along with the beginning of the reform of American Tort Law, the joint and several liability has been suffering a great impact. After years of intense debate, the reform of the tort law finally led to the result of restricted application of the joint and several liability. In China, there also exist abuses of the joint and several liability. Therefore, by referring to the development and changes of American joint and several liability, China’s joint and several liability system should be improved by introducing the theory of post redistribution, so that the interests of the related obligees can be better protected.

Key words: American tort law; joint and several liability; the right of contribution; redistribution rule; deep pocket phenomenon