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The Joint Dangerous Behavior Case Study

Posted on:2013-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y G ZhangFull Text:PDF
GTID:2246330395461166Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of economic society, people’s daily activities, foreign relations. In daily life, personal injury compensation cases number and types are emerging, particularly in damage occurred, due to time, space, technology or limited cognition, real tortfeasor cannot be determined. At this time only can let the victim’s own risk? The rights and interests of the parties to the maximum extent to be protected, this a series of problems need serious consideration. This article from occurring in Lanzhou is a typical case of common dangerous behavior, namely Wang Ruiping damages case, and related system and the relation and difference are analyzed and studied, with a view to the future judicial practice has some role in promoting.Joint dangerous act as generalized joint act of tort is a type of tort law, and has practical significance and academic significance of the topic. Because of the common dangerous behavior is not only related to the complex legal questions of fact, the more important is the common dangerous behavior system design behind which contains the value judgment and policy consideration. In China’s tort law field, although " tort liability law " in the form of legislation of our country made up of common dangerous behavior system blank. However, the social life have emerged out of the deal with the common dangerous behavior in relation to the case, we need the joint dangerous behavior theory, the common dangerous behavior imputation basis, principle of imputation and elements for further study, improve the relevant legal system, deal with the social life of rich case to legal challenges, safeguard the legitimate interests of parties.
Keywords/Search Tags:common dangerous behavior, imputation principle, correlationsystem
PDF Full Text Request
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