摘要： 美国侵权连带责任经历了适用范围从“极窄”到“扩张”再到“严格限缩乃至废止”，利益平衡模式从“单向保护”到“具体权衡”的制度变迁。因果关系、比较过失、免责和解协议的效力等内部因素推动了内生性制度变迁，其基本任务是如何构建起合理的规范体系。宪法考量、公共政策、法律功能、诉讼程序等外部因素推动了外生性制度变迁，其基本任务是如何妥善发挥制度功能、避免滥用连带责任。矫枉过正的深层原因是要素和驱动机制的复杂性。我国法上的侵权连带责任未出现大幅度限缩乃至废止，是因为体系化抑制了激烈的内生性制度变迁，转型时期的政策要求趋向于完善连带责任规范体系。

关键词: 矫枉过正, 侵权连带责任, 内生性制度变迁, 外生性制度变迁

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.

Key words: Hypercorrection, Joint and Several Liability in Tort Law, Institutional Change Based onEndogenous ness, Institutional Change Based on Exogenous