Case Analysis On Joint Dangerous Behavior

Generalized common risk behavior is an important type of joint infringement. China's current law, the provisions of the common risk behaviors is general and vague, only including the provisions of principle. Legislation to the judicial practice is relatively simple on how to identify common risk behavior in the specific operation. Based on the controversial points of the two infringement cases analyzed and discussed, the theory of common risk behaviors of comb and to the common risk behavior and treatment of identified cases of benefit.This article includes three parts:introduction, body and conclusion.Introduction section describes the motivation, purpose and significance for writing this article.The body part includes three parts:Chapter one with two typical infringement cases lead out the focus of a legal dispute:First, what are the common elements of risk behaviors constitute? Case one constitutes a common risk behavior? Second, how common risk behaviors were liable? Disclaimer common people how dangerous behavior? Can the victim of other common risk is not increased accountability of perpetrators of the case; remove the part of the risk behaviors of people assume that part of the legal responsibilities? In caseâ… , is the Court's decision correct? Third, the upper parabolic whether tort law applicable to the provisions of the common risk behaviors? In caseâ…¡, is the court's decision is correct?The second chapter is the main body of this paper. Around that part of the legal dispute caused two cases focus on common risk behavior. Elements common risk behaviors were accountability, exemptions and other basic theoretical analysis, the focus on the above three disputed a detailed assessment and discussion.The third chapter on the common risk behaviors of current legislative and judicial system made an analysis of the current case with the first chapter. The focus of legal disputes arising puts forward some constructive legal thinking to the future conduct of the case identified the common risk and processing to provide legal solution.The conclusion of the article made a Summary and generalization.