Study On Joint Dangerous Act Of Motor Vehicle Traffic Accidents

The classification of tort types and the commitment of specific liability forms have always been a more complex and challenging category in the theory and practice of tort law,which is related to whether the distribution of tort liability among the parties is fair,scientific,reasonable or not.Therefore it has an important research value in the combination of theory and practice.However,the problem of tort liability for joint dangerous acts in motor vehicle traffic accidents is a typical representative of this subject.Therefore,it is not only of great theoretical value to study the joint dangerous act of motor vehicle traffic accidents,but also has far-reaching practical significance.The development of this problem must be based on the current situation of theoretical research on joint dangerous act.Only by perfecting the system of joint dangerous act in theory can it give full play to its system value and protect the legitimate rights and interests of the infringe in the field of motor vehicle traffic accident infringement.Although our country's Tort liability Law has established the rules of the joint dangerous act liability in 10 th articles,the legislation has not stopped the debate on the joint dangerous act in the theoretical circle.The widespread doubt of this system in academic circles to a certain extent shows that the rules of the joint dangerous act established in tort law of our country are worthy of reflection.The uncertainty in the theory research and legislation of the joint dangerous act directly affects its application in judicial practice,especially in the dispute of vehicle traffic accident infringement.A lot of problems existing in the joint dangerous act system appear at a glance.In order to define the joint dangerous act of motor vehicle traffic accident correctly,it is necessary to define the concrete connotation of the joint dangerous act.In the field of tort law of our country,when most scholars define the concept of joint dangerous act,they call it quasi-joint tort.Although many countries,including the German Civil Code,which initially established the system of the joint dangerous acts,legally stipulated it in one article with joint tort,there is an essential difference between the two.In essence,the “common” of joint tort is a kind of subjective common,which requires the actors to have common fault subjectively,and the “common” of joint dangerous act is an objective common.In order to enable more infringers whose interests are unknown to the perpetrators to be brought into the system of the joint dangerous acts,It is necessary to insist on the view that the dangerous behavior carried out by each actor has a certain correlation in time or space.Only in this way can traffic accidents that have passed through the same section of road within a certain period of time but cannot be specifically determined which one or several motor vehicles have crushed the class of infringers be included in the joint dangerous behavior regime,Otherwise,the infringer's damage will not be able to obtain redress.For the subjective elements of tort liability of joint dangerous act of motor vehicle traffic accident,the joint dangerous actor has carried out dangerous acts objectively,and these acts as a whole actually lead to the actual damage of the infringer.So each actor is subjectively at fault.However,this kind of fault does not constitute a common fault,and it is only a single fault,which may be manifested as fault or intent.Therefore,joint dangerous act of motor vehicle traffic accident belongs to a broad sense of unintentional contact of several torts.Causality is a very complicated problem in the constitution of tort liability for the joint dangerous act of motor vehicle traffic accident.Because only one or more vehicles cause the result of the damage,the law required all the vehicles to bear the tort liability.What kind of causality theory can be used to rationalize the law against all vehicles? There are many different opinions on causality of the joint dangerous act.Behind each theory of causality is a certain logical speculative and philosophical basis.It can be said that each theory of causality has certain advantages,but it is inevitable that there are some defects.Through a comparative study of the theories of causality of the joint dangerous act in academic circles,it is found that it is not only from the basic theory of causality,but also from the value orientation of the joint dangerous act system.Adopting the theory of causality is more consistent with the essence of the joint dangerous act,and it can prove the rationality of the responsibility of all the dangerous actors.In this respect,France's “group risk behavior theory” is very worthy of reference.It is an extremely important issue to choose the form of tort liability for joint dangerous act of motor vehicle traffic accident,because it is not only concerned with the balance and trade-off of the interests of both sides of the traffic accident.It will also affect whether the design of internal liability rules of the whole system of tort system is scientific.In comparative law,the view that the joint dangerous actor bears joint and several liability for the damage suffered by the infringer is in a general position,but this generally accepted institutional arrangement is not reasonable enough.The application of joint and several liability must be sufficient and justified.Generally speaking,the legitimacy of joint and several liability is based on the subjective common fault,but in the joint dangerous act of motor vehicle traffic accident,there is no common fault required by joint liability.The presumption of causality in the constitution of joint dangerous act of motor vehicle traffic accident has fully reflected the oblique protection of the infringed person,which makes the balance of weighing the interests of the perpetrator and the infringed person biased to one side.It is unfair to impose excessive joint and several liability on the perpetrator.In addition,on the basis of the system construction that the tort law of our country bear the responsibility according to the share of the separate tort which is based on the partial causality,to impose joint liability on joint dangerous act will make the whole system of tort liability of several people in our country lose the scientific in the design of liability form.On the contrary,it is not only in accordance with the value of tort law to pursue the goal of redress justice,but also in accordance with the international development trend of tort law to solve the problem of causality uncertainty.It can also avoid the phenomenon of “deep pocket” brought about by joint and several liability,more specifically,it can also make up for the problem of insufficient incentive mechanism of proof of the infringed person and ensure the harmony within the system of tort liability of most people in our country.Through statistics,it is found that in cases of joint dangerous acts of motor vehicle traffic accidents,the reasons for the parties to choose to appeal are to get rid of the joint and several liability.We can compare the influence factors such as fault,causative force and the possibility of causing harm among the common dangerous doers according to the theory of traditional tort law.In addition,we can draw lessons from the new research results of foreign countries,for example,we can consider the application of the proportional share liability theory based on the market share liability theory.Whether some motor vehicles can be exempted by proving that there is no causality between their driving behavior and the damage of the infringer,in fact,there are not too many disputes in judicial practice,most of the courts have a positive attitude.But the theoretical world is a different picture on this issue.At present,the most heated debate about joint dangerous act in academic circles should be the exemption of tort liability of joint dangerous act.Whether some dangerous actors can obtain exemption by proving that there is no causal relationship between their behavior and the damage suffered by the infringer,academic circles have formed two completely opposite views.To insist that only the real injurious person can be exempted from liability is not only inconsistent with the rules of evidence allocation,but also a misinterpretation of the joint dangerous act system.We should allow some people get rid of out of joint dangerous act through proving that there is no causal relationship between their behavior and the damage.From the macroscopic view,It is not only the proper meaning of presumption of causality,is also in line with the basic principles of tort law;from the joint dangerous act system itself,but also more in line with the nature of common dangerous behavior.Through the statistics of cases of joint dangerous acts published on the Internet in China's adjudicative documents,it is found that the judgments of motor vehicle traffic accidents constituting joint dangerous acts occupy the vast majority of cases of joint dangerous acts in the number of cases.However,through the careful analysis of these judgments,it is found that there are many problems in the determination of joint dangerous behavior in motor vehicle traffic accidents.When a specific legal system in the application of judicial practice problems,it is possible that we have unreasonable in the design of the system.Therefore,on the basis of the basic theoretical analysis of the joint dangerous act rules,combined with the empirical analysis of the relevant adjudication documents of our country,this paper fully demonstrates some basic problems of the joint dangerous act of motor vehicle traffic accident rules in our country.In order to solve the problems existing in the joint dangerous act system in the motor vehicle traffic accident tort,the legislative value of the joint dangerous act system can be fully brought into play.It is expected to contribute a little to the reasonable construction of the joint dangerous act of motor vehicle traffic accident system of tort liability in civil law of our country.