Abstract：The joint and several liability in American law has experienced an overcorrect process in which the unusual narrow scope of application obtained an expansion but was under close restraint finally，and the balancing of interest which was a model of one-way angle developed into an individual model. The causation，comparative negligence and effectiveness of exonerative settlement constituted the internal elements whichgave impetus to the institutional change based on endogenous，and its principal mission was to construct arational system of rules. The considerations of constitution，public policies，legal functions，legal proceedings and legal culture constituted the external elements which promoted the institutional change based on exogenousness，and its chief aim was to exert the institutional function and to prevent the abuse of joint andseveral liability. The complicacy of elements and driving mechanism are the main cause of hypercorrection. There are two reasons for Chinese laws not to experience overcorrect institutional change. Firstly，requirement of systematism prevents the drastic institutional change based on endogenous ness. Secondly，requirement of policy in transition period trends to require constructing or completing system of rules for jointand several liability.
张平华. 矫枉过正：美国侵权连带责任的制度变迁及其启示[J]. 法学家, 2015, 0(5): 159-174.
ZHANG Ping-Hua. Hypercorrection：Institutional Change of Joint and Several Liability in U. S. Tort Law and its Implications. , 2015, (5): 159-174.