Common Risk Behaviors Legal Research

The joint dangerous act is one of the joint torts. It was first mentioned in 1900 "Civil Code of Germany". As it has only one hundred year history the relevant theoretical research and legislation in other nations are not very ripe. There' s no stipulation about joint dangerous act in "Civil general rules" of China, the conception of it was first used in "the people' s court at the highest level's rules about evidence for civil proceedings" in 2001, which enacted the joint dangerous act in law at the first time. But the relevant theoretical research isn't systematic and deep enough, we still can't determine the actor's civil liability exactly in judicial practice.The dissertation researched the joint dangerous act from its conception, origin, responsibility foundation, factors ofliability and responsibility, in order to perfect our country's theory ofjoint dangerous acts.The paper is made up of four parts.Part one introduces the conception. It discusses the origin of the joint dangerous act system and our country's legislation related.Part two, the paper discusses the responsibility foundation of joint dangerous act, inquires into the reason why non-actor bears the responsibility and the basis of joint and several liability.Part three discusses the factors of liability for joint dangerous act. Comparing to the relevant contentious focus, I bring up my own views. It has four factors: the objective factor, the damnification, the causal relationship and the fault.Part four talks about the question how the actors bear the responsibility and the conditions of exemption from liability in the joint dangerous act. The responsibility includes surface and internal. The actor can be exempted from liability; provided that the client can proof himself isn't the reason of the damnification.The postscript summary reasserts the significance of establishing the joint dangerous act system.