Common Risk Behavior Study

Based on the consulting and borrowing of legislations, judicial precedents andall sorts of doctrines at home and abroad, this dissertation proposesits own ideas through dialectic thinking and systematic researchon joint dangerous activity. The first part compares common law heories of the joint dangerous activity with the continental ones inspecting the birth and development of the system of joint dangerous activity. 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 essential factors of the traditional tort law, moreover indistinction about injuring party is increased.The third part is about the foundations for liability imputation in the issue of joint dangerous activity. The foundations for liability imputation in common is that each actor does dangerous activity with fault; the tropism of value ascribes to protect victim prioritilly . It also reveals the foundations for liability imputation on the joint dangerous activity from two aspect ,that is common fact and impartibility legal liability .The fourth part is on the bearing of responsibility for joint dangerous activity. On the basis of the exposition of the external civil liablity and internal liablity, it analysis the exception from liability, the author identifies with the definite theory.The fifth part analyzes the constitution of joint dangerous activity systems ,and puts forward the thinking methods for legislation,regulations on joint dangerous activity should be made according to the article of the joint torts.