Font Size: a A A

Research On Joint Dangerous Act

Posted on:2006-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:G J ZhouFull Text:PDF
GTID:2156360152491661Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The system of joint dangerous act can be regarded as one new living being undoubtedly in Torts with developing history of several thousand years, because it has only one hundred years history since it was created by "Civil Code of Germany" issued in 1900. Therefore, the relevant theoretical research and legislating of various countries is not very ripe. In the field of our country's torts, the legislating of joint dangerous act has been a big blank, and the relevant theoretical research isn't systematic and deep enough, which lead to the disunion of judicial practice.This dissertation adopts historical research, interest weigh, comparative analysis and practical analysis methods to systematically research on the joint dangerous act, especially on its basis of imputation, imputation principle, factors of liability and conditions of exemption from liability. At the same time some theories dispute focuses will be discussed deeply, which is in order to perfect our country's theory of joint dangerous act, play a role in the legislation of joint dangerous act and formulation of "Civil Code".There are about 50,000 words with 5 chapters besides preface and postscript.The preface introduces the current situation of research on the joint dangerous act, the theoretical and practical meaning, and content of this dissertation.In chapter 1, it introduces the definition, characteristic, produce and development of joint dangerous act, and the legislation of our country and meaning of establishment this system.In chapter 2, it makes a deep analysis on the basis of imputation, in order to seek for the reason why the actors of joint dangerous shall bear the liability.In chapter 3, it deeply analyses and comparatively researches the different theories of principle of imputation, moreover puts forward the author's viewpoint.In chapter 4, it discusses the factors of liability for joint dangerous act according to the four traditional factors of liability for tort.In chapter 5, it introduces the liability of joint dangerous act and the conditions of exemption from liability.The postscript summarizes the dissertation, and puts forward the author's academic viewpoint.The innovations of this dissertation are following:(1) It makes a systematic and deep research on the joint dangerous act. (2) It makes a new definition of joint dangerous act. (3) In order to seek for the reason why the actors of joint dangerous shall bear the liability, this dissertation makes a deep research on the basis of imputation from two aspects, why the actors of joint dangerous shall bear the liability and why the liability is joint liability not comparative liability. (4) This dissertation compares and analyses four different theories of principle of imputation, moreover puts forward the author's viewpoint that the presumption of fault on the basis of the presumption of causality. (5) According to the four traditional factors of liability for tort strictly, this dissertation discusses the factors of liability for joint dangerous act, which can avoid the disorder of the existing theory.
Keywords/Search Tags:joint dangerous act, basis of imputation, principle of imputation, factor of liability
PDF Full Text Request
Related items