On The Constructive Elements Of Joint Dangerous Act

Joint Dangerous Act is an issue that has invited much attention in the academic field. Especially people have different opinions on the theory of its constructive requirements .The essay goes into the constructive requirements, causal connection, liability foundation, legislating purpose and the responsibility- undertaking means of fellow-actors, combing the findings on this issue from abroad to home, categorizing the theories from the different schools.The author, at the first place, summarizes the different opinions on Joint Ganger Act and, then, proposes the question. In the main body, the author denies the generally accepted theory that"The actor is also the victim."In terms of liability foudation, the author is in line with the theory that combine the opinion of Danger Joint and Unknow Damage Actor ,based on the liability principles of civil law system; and proposes that"the aim of Joint Danger Act is put more attention on the actors'mind, that to protcet the liberty of civil person. by analyzing Duty of Care Theory in Anglo-American law system. Finally, the author finds out the similarities on theories between the above two law systems. As far as the subjective of the actor is concerned, analyzing the currently popular opinions, the author distinguishes some easily-confused definitions and give a more accurate ones. As for the causal connection, referring to justifying means of causal connection in Anglo-American law system, the author reconstructs it, different from Chinese justifying means on traditional right infringement. with regard to responsibility assignment, the author points out a more flexible method, that is, to enforce equitable distribution as a main body, complemented with other distribution means.