Common Risk Behavior Study

Nowadays, the laws in many countries have certain regulations on the joint dangerous activity. In our country, however, it is not regulated perfectly and hence it cannot satisfy the needs of sophisticated social life. A great deal of difference on the joint dangerous activity exists in the theory realm, which directly or indirectly affects the unity and authority of justice.To comprehend the joint dangerous activity, its concept and history must be analyzed firstly. The first part of the thesis is mainly on the basic theories of the joint dangerous activity, including its concept, history, its role in the common laws, continental laws and in our country' s legislation and practice, and the significance of its establishment.To identify the joint dangerous activity correctly and solve the relevant disputes, the essential factors of it must be clarified. Therefore, in the second part of the thesis, on the basis of various opinions in this field, demonstrations on the joint dangerous activity are presented according to four essential factors of the traditional tort law:more than two people implement dangerous behavior that have objective connection; the damaged result is caused by one or more actors, but the real activator is unidentified; the causality in joint dangerous activity must be deduced; the subjective faults refer to the faults of activators in law deductions, including deliberation and slips, and there is no meaning exchange among all the activators.The third part puts emphasis on the comparison between joint dangerous activity and relative tort types, which is based on the development of the latest practice and theory of torts. This part analyzes the difference between the joint dangerous activity and joint injuries, torts with no meaning exchange, damaged activities caused by casting things from building.The fourth part is on the bearing of responsibility in joint dangerous activity. Three factors should be taken into account in the criterions of...