On The Joint Dangerous Act

Today the real life is increasingly complex, in many cases the joint dangerous actions would be take place, but our current laws only afford a brief provision for this issue. Meanwhile, theoretical study of joint dangerous act involved is not systematic, comprehensive and in-depth enough. As a result, inconsistency of judgment lies in judicial practices. The dissertation deals with some basic theoretical controversies on joint dangerous act by means of comparative and positive analysis and the like, in order to found the objective of the common system of joint dangerous actions, and serve as some guidelines for judicial practice and safeguard the consistency of legal practices.This dissertation is made up of three parts: preface, body and conclusion.Preface, it discovers the confusion between the joint dangerous actions and the other joint torts through the case that the actual perpetrator is unknown arises from the practices, and introduces the aims and significance of the writing.Chapter one, it mainly introduces the basic theories of the joint dangerous activity. Firstly, it analyzes the definition, characteristic of the joint dangerous act. Second, introduces different legal system countries' legislation, precedent and theory on joint dangerous act at different times from a point of comparative law. Lastly, it makes a distinction between joint dangerous act and joint torts, joint dangerous act and several concurrent torts.The second chapter is the main body of the dissertation, expounding the constituents of joint dangerous action concretely. By comparing the different viewpoints about the component of joint dangerous, it analyses the controversies on the subjective, the objectivity and the links between action and the loss , furthermore, it puts forward my own opinions on them.Chapter three, it makes a deep analysis on the basis of imputation, in order to seek the reason why the actors of joint dangerous shall bear the liability. Moreover, it puts forward the author's viewpoint that the principle of imputation is the presumption of fault and the no fault principle.Chapter four, it introduces the liability of joint dangerous act. This dissertation makes a deep research on the basis of imputation from two aspects, why the actors of joint dangerous shall bear the liability and why the liability is not comparative liability but joint liability. Generally, all actors should take joint compensation responsibilities' for the victim on the basis of bearing responsibility equally. But the actor needn't to be responsible for the victim if he successful proved his act had not done any damages.Chapter five, it introduces some main versions of the Torts Draft on joint dangerous act. What's more, it makes legislative proposals on joint dangerous act.Eventually, it makes a conclusion of the total dissertation.