Research On Joint Dangerous Act

The system of joint dangerous act is an important legal system in modern tort law. In thispaper, from the concept of joint dangerous act, imputation principles, constitutiverequirements, several aspects of the responsibility and exemption exemption to theconclusion, exemption to the conclusion, pointed out the problems and the improvement ofjoint dangerous act.The concept of joint dangerous act stipulated in the "tort liability law" article tenth, ismore than two persons implement jeopardizes other people’s personaland property safety,behavior, and one or several of human behavior and causes damage to others, the specifictortfeasor can be determined, the infringer shall assume the liability; can not determine thespecific tortfeasor,act shall bear joint and several liability. The fundamental differencebetweenthe tort is "unidentified injuring person". Because the "unidentified injuring person","the conflict of interests between the innocent victim" and "innocentpeople", establish thesystem of joint dangerous act is to balancing the conflicts between the "innocent victims" and"innocent people".Constitutive requirements of joint dangerous act is Professor Yang Lixin’s four elementstheory, Professor Kong Xiangjun said the four elements, Professor Zhang Ruiming said thefour elements of the four elements,Professor Cao Xianfeng, Professor Wang Liming saidthe five elements, Professor Zhang Xinbao said the five elements and six elements, ProfessorGao Liuzhi said. But whether the four elements and five elements, although not quantity,butpointed out that the core content of joint dangerous act, which is the subjectbehavior withcomplex, several actions are illegal and dangerous, the commonbehavior is dangerous is thereason causing the damage, joint real harm theuncertainty and damage the unity and civilliability. Author from the traditionaltort law constitutes the four elements that discusses theconstitutive requirements of joint dangerous act.The doctrine of liability without unified form, is diverse, there are three maintypes: the principle of presumption of fault liability, the principle of no fault liability and fairliability principle, suitable for three kinds of imputation principlecan be specific case.Responsibility the dangerous act shall bear joint and several liability. As for the commonrisk behavior can prove himself not actual damage as exemptions, the author thinks thatshould from the recoursestandpoint, the common risk behaviors were given to prove himself is not the actual perpetrators of priority interest. If the joint dangerous act can prove that theyare not the real perpetrators, shall be exempted from the bear joint and several liability, but ifthe victim is unable to repay from all of the joint and several liability people, by the peoplefrom dangerous behavior of joint and several liability shall bear supplementary liability.