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Dangerous Acts Of The Common Elements Of Research

Posted on:2010-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:J X WangFull Text:PDF
GTID:2166360278467653Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Joint Dangerous Act is an issue that get much attention in the academic field . People have different opinions on the theory of its constructive requirements especially. The essay goes into the different requirements, causal connection ,combing the findings on this issue from abroad to home, categorizing the theories from the different schools.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 and abroad, aims and significance of the writing.The body is divided into four parts. The first part is elements of joint dangerous act. Introduced a system of joint dangerous act as well as the origin ,and our country regarding the legislative system, and the protection of the rights of victims, balancing the relationship between perpetrators and victims. To the fourth part from the second part focused on the some elements common dangerous acts of. The common elements of risk behavior, in theory, the existe a large number of disputes, There are three elements,the four elements or the five elements .My part is from this part of the subjective element, objective elements and some aspects of causal relationship, through a combination of typical cases to specific Analysis of the common elements of risk behavior, and the traditional elements of tort "four elements", said co-binding specificity of the dangerous acts of the system I put forward a dangerous act for the common elements of the opinion.Subjective elements in context, I explains the meaning of the subjective element in determining the value of the role of tort and its particularity, that the dangerous acts of the common people do not have meaningful contact between the joint dangerous act were not required to act with subjective deliberate on, and it is a kind of negligence. Objective element, the element describes the meaning of the objective, in determining the value of the role of tort and its specificity, analysis of the dangerous act of common people, common and dangerous behavior problem, I deny the current academic community about the victim can act at the same time, people are dangerous, said Tung. At a causal relationship, the presumption that the alternative is more reasonable causal relationship, and an analysis of the presumed causal relationship between the different questions presumed fault on the dangerous acts of the common people and the burden of proof of exemption from duty.Conclusion of the author's system of joint dangerous act of a few thoughts, and reiterated our country to establish and perfect the system of joint dangerous act of great significance.
Keywords/Search Tags:joint dangerous act, the constructive element Causality, consequence, causal relationship
PDF Full Text Request
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