On The Joint Dangerous Act

In practice, it is possible that we do not know which one of several persons is the real tortfeasor. There is joint dangerous act in foreign civil law. But in our country, there is not similar law institution. And there are many differences between theoretical and judiciary area.Joint dangerous act has only one circumstance which is"unknown tortfeasor". The"unknown part"does not belong to it. In fact, the"unknown part"should belong to non-liaison joint tort. The chief differences between the two law institutions are causality and theoretical basis. Joint dangerous act is alternative causality, but Non-liaison joint tort is combined causality; the theoretical basis of the former is to prevent victims not achieve compensation when they are not able to prove causality between tort and injury, but the latter is causality between tort and injury. Joint dangerous act has not the same subjective qualification, but several tortfeasors must be non-liaison. There are five qualifications in all. Firstly, there are several tortfeasors. Secondly, the joint danger. Thirdly, the injury has occurred. Fourthly, there is legal causality between Joint dangerous act and injury. Fifthly, unknown tortfeasor.To correctly judge Joint dangerous act case, we should focus on resolving several difficult issues: Firstly, to determine the scope of Joint dangerous act. Secondly, the burden of proof must be clear. Thirdly, to identify exemptions. Fourthly, how to divide responsibility between tortfeasors. Joint dangerous act tortfeasors should bear the joint and several liability. The obligation is divided into the same parts among them. They can require each other repay the part that they need not pay for when victims achieve the whole compensation.