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Study On Legal Problem Of Joint Danger Act

Posted on:2009-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LvFull Text:PDF
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Joint danger act is one of common torts. Legal provisions, scholar's view and judicial practice of various countries do not unify. The author attempts to give the judge some suggestion by stduying on joint danger act.The full text is divided into three chapters:To comprehend the joint dangerous activity, its concept and history must be analyzed firstly. In the second part of the thesis, The author attempts to define the concept of joint danger and tell the difference between joint danger and other simillar common torts. The author thinks that to understand the prerequisite of concept of joint danger act is to know the meaning of "joint" of it. First, "joint" of joint danger act means that each danger behavior to damage results related commonness, that is to say, commonness of danger, but not means that actors subjectively is common. Joint danger actor does not get in touch with each other subjectively. second, we should know what is danger behavior. The author thinks that the external characteristic of "danger act" is danger of behavior nature which means the possibility of behavior of several persons causing others' legitimate rights and interests damage objectively, namely, the danger behavior of several persons may all cause damage result, behavior of not causing damage possibility is not joint danger act. Inherent characteristic of "danger act" is that inflictor can't be found. Joint danger act is only that the behaviors of an actor or some actors have caused the actual damage result in fact; the behaviors of another part of person have not caused actual damage. But because of the limitations of such respects as subjective understanding or objective environment, etc, both victim and court are unable to confirm anyone or which part who is actual inflictor, which means putting emphasis on exhausting current technological means can't find the actual inflictor, but not means that it is difficult to find out or the cost is too high. The third chapter has expounded liability principle of joint danger act. author thinks that joint danger act apply to fault liability, no fault liability in different fields. In distribution burden of proof for joint danger act, provided plaintiff can prove that several actors have implemented danger behavior, and have caused damage result, and if the actor's behavior has causality to damage result caused, put to the proof by defendant. If defendant can prove that one's own behavior does not cause the emergence which plaintiff damaged, he won' tundertake infringe compensation liability, otherwise infringe compensationliability should be undertaken together by several defendants.
Keywords/Search Tags:joint dangerous act, joint liability, unreal joint debt
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