Research On Joint Dangerous Act

Joint dangerous act is a kind of legal regulation which aims to solve the problem of how they share the responsibility between the innocence victim and tortfeasors and between the tortfeasors when a real tortfeasor is unknown.Joint dangerous acts are not uncommon in real life,which usually evoke damage disputes.Due to the joint dangerous act system is an extremely complicated theory,scholars hold lots of controversies on many issues,which has led to the chaos of applying this theory to judicial practice,it is necessary to further deepen our understanding on the theory of joint dangerous act.In addition to the introduction and conclusion to this paper,the body of paper is divided into three parts:Chapter one is the overview of the joint dangerous act.It includes two aspects.Part one, the comment on the extant doctrines and author's own understanding of the notion of joint dangerous act.Part two,the birth and development Of the system of joint dangerous act.This paper holds that joint dangerous act should be used the following definition:joint dangerous act means two or more people carry out the actions which is possible dangerous and leads to a single harm results,the real tortfeasor can't be found,the joint liability belong to the tortfeasors according to the legislative policy.Part two,on the basis of study of the historical evolution of joint dangerous act,the main countries in the world draw a consensus that joint dangerous is an independent infringement,the unknown tortfeasor and infringers who have no conscious interconnection.Chapter two is about the constitutive requirements of joint dangerous act and its significance.On the basis of different opinions about the constitutive requirements of joint dangerous act,the writer holds these opinions:the constitutive requirement of people includes the common people and the cooperators etc;the relationship of time and place is unnecessary; "unknown part" does not belong to joint dangerous act.Joint dangerous act is alternative, necessarily causality;Among subjective elements,people do not have the interconnection and the combination of negligence and deliberate form.In this paper,on the basis of the distinction between joint dangerous act and other violation,the writer holds that the significance lies in favor of more clarity,in practice,and there is also associated with treatment in favor of the court cases.Chapter three is about the joint liabilities of joint dangerous act.Based on the analysis of a variety of opinions to joint dangerous act.The choice of benefits and association acts are more reasonable.Its imputation principle is multiple.The consequence of joint dangerous act is divided two parts:the external consequence is joint liabilities,the internal consequence must be combined to a number of factors to be shared among the tortfeasors.Finally,the writer holds the defiance opinion about the exemption theory of joint dangerous act.