Research On Joint Dangerous Act

Joint dangerous act system orginated from"actio de effuses et deiectis"of Ancient Roman Laws, officially established by the German Civil Code of year 1900. In Chinese torts field, joint dangerous act is a large loophole in the civil legislation. Meanwhile, theoretical study of joint dangerous act involved is not systematic, comprehensive and in-depth enough. As a result, inconsistency of judgment lies in judicial practices. This dissertation is meant to make a systematic, comprehensive and in-depth study on joint dangerous act by means of comparative and positive analysis and the like. In addition, the paper deals with some basic theoretical controversies on joint dangerous act in order to make contributions to the perfection of it, give some guidelines for legislation of it in the forthcoming Civil Code, and serve as some guidelines for judicial practice and safeguard the consistency of legal practices.It consists of three parts, namely, preface, body and conclusion.Preface casts light on legislative and study status on joint dangerous act at home country, aims and significance of the writing.Body is comprised of four chapters. Chapter one sets forth different opinions on the definition and imputation basis of joint dangerous act, furthermore, it puts forward my own opinions on them. Moreover, chapter one makes a distinction between joint dangerous act and joint torts, joint dangerous act and several concurrent torts. Chapter two introduces different legal system countries'legislation, precedent and theory on joint dangerous act at different times from a point of comparative law. Chapter three elaborates on controversies on constituents of joint dangerous act, legal liability and immunity reasons, and then makes comments on them. In addition, it comes up with new opinion on constituents in accordance with traditional doctrine of"four elements"of joint dangerous act, and holds that joint dangerous actors bear several and joint liability for the victim and are entitled to claim contribution between them. Apart from the common defense reasons, joint dangerous act has its special defenses, namely, joint dangerous actors can produce proof on lack of causation between his own misconduct and the loss the victim sustained, and victim's release of one tortfeasor or a part of wrongdoers. Chapter four introduces and comments some main versions of the Torts Draft on joint dangerous act. What's more, it makes legislative proposals on joint dangerous act.Conclusion sets forth my own opinions and thoughts on joint dangerous act.