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Research On Some Question Of Joint Dangerous Action

Posted on:2008-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:F X QiFull Text:PDF
GTID:2166360215463147Subject:Law
Abstract/Summary:PDF Full Text Request
Today the real life is increasingly complex, in many cases the joint dangerous actions would be take place, but our current laws do not make special provisions for this issue, only the judicial interpretation of the Supreme People's Court affords a brief provision. That is why, on the one hand, in theoretical circles, although scholars have made actively exploring on it, but we have very inconsistent understandings, especially in the attribution of joint dangerous actions, constituent elements, requirement exempting. On the other hand, in our current trial practice, the courts use their own theory to make decisions, this leads to the confusion in the trial practice. Therefore the objective of the common system of joint dangerous actions is founded, to the maintenance of the unity and authority of the judiciary, to protect the legitimate rights and interests of innocent victims, and safeguard social order and achieve fairness and justice is of great significance.To comprehend the joint dangerous activity, its concept and history must be analyzed firstly. The first part of the thesis is mainly on the basic theories of the joint dangerous activity, including its concept, history, it's role in the common laws, continental laws and in our country's legislation and practice, and the significance of its establishment. 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 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.
Keywords/Search Tags:Joint dangerous action, Factor of liability, Attribution basis
PDF Full Text Request
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