Abstract: A new theory of “subjective & objective liability” should be adapted in the definition of joint tort which takes both intentional joint tort and unintentional joint tort into consideration. Intentional joint tort means several tort feasors contact with each other on the possible damage caused by their infringement. The fault of these tort feasors is intentional or overconfident negligence，but not careless negligence. Unintentional joint tort means several tort feasors carry out one and the same tort together. The so called torts occur in the same place and at the same time，and the victim and damage are identical. Therefore this new theory is reasonable.

Key words: tort law, joint tort, intentional fault, unintentional fault, new “subjective &, objective” theory