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On The Constituents Of Joint Dangerous Action

Posted on:2008-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z GaoFull Text:PDF
GTID:2166360218460695Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Joint dangerous action is a very interesting problem in torts, at the same time, it is practical. There are some controversies among the scholars in actors'subjective status, the links between action and loss as well as the basis of assuming responsibility. From the origins and status of joint dangerous action, the penman analyzes the mistakes about it, the component, the value and how to cognize the standard from both the theory itself and the practices.This dissertation is made up of three parts: preface, text and conclusion. And two chapters are included in the text.In the first chapter, the penman introduces the idea of joint dangerous action, its'status in joint torts and its'basis as a theory. In order to make the readers understand joint dangerous action, the dissertation introduces its'status in joint torts and the difference from the similar system. The dissertation reviews the origins and development of the component of joint dangerous action in comparative respects and finds the difference among the different countries. Expounding the basis of this theory, penman casts light on the connotation of joint dangerous action.The second chapter is the main body of the dissertation, expounding the constituents of joint dangerous action concretely. Firstly, the penman introduces the representative viewpoints about the component of joint dangerous action and points out the branching among the scholars and the reasons. There are three parts in this chapter: the subjective, the objectivity and the links between action and the loss. The subjective content embodies the joint dangerous actor's collective fault. The cognizance of the joint action differs from country to country, and there are disagreements in our country's theory and practice. The presumed fault is the characteristic in joint dangerous, which is related to the value of the law. Surrounding the controversy on important issues, penman analyzes the component of joint dangerous action, combining some cases arise form the practices. By doing so, penman believe that we can have a thorough and comprehensive idea about the extension of joint dangerous action.
Keywords/Search Tags:Joint dangerous action, Factual actor, Unconscious interconnection, Presumed fault
PDF Full Text Request
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