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Inquiry Into Problems Related To The Joint Dangerous Action

Posted on:2012-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2166330335969748Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the common Peril Action as a special form of Joint Tort is more and more common in the judicial practice. The dispute focus of this kind of case can concluded to imputation principles of infringement liability and the distribution of the burden of proof. We selected a case about Shang jingwei sue Mr Liu as the example. We focus on the special provisions in the imputation principle of infringement liability and the distribution of the burden of proof, in order to elaborate this kind of case about the Common Peril Actions. To analyze the imputation of our principles and relevant provisions of the burden of proof and theoretical knowledge.Let us know the system risk behavior common cases of disputes a risking form the handing of such case to tort liability claim based on the distribution of various forms from the burden of proof to burden the minor guardian an ship minors the probative force testimony of witnesses.Finally, from a social point of view, we give corresponding proposals about the allocation of tort liability, social insurance system, and the protection of minors. As a newly minted graduated, we should spare no effort to support the harmonious socialist society.
Keywords/Search Tags:the Joint Dangerous Act, Principia of Liability, burden of proof, liability in tort
PDF Full Text Request
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