The Conspectus Of The Joint Dangerous Activity

According to the theory of joint dangerous activity in our civil law theory, usingthe method of case study and contrastive analysis, this dissertation builds acomprehensive analysis system including institutional theory and legislativeimprovement, and gives some perspectives about joint dangerous activity with novelresearch approach.This essay begins discuss the theme of joint dangerous activity on the basis offour legal cases’ content. Focus on case, it tells definition, features, constructiontheory, standard, imputation basis, doctrine of liability fixation, tort liability, liabilityreduction and disclaimer of joint dangerous activity. Due to the completeunderstanding of joint dangerous activity institution, we can learn about somethingdeeply in the theory. As the introduction of case about joint dangerous activitycombined with the elaboration of high-altitude parabolic tort, joint tort, peoplewithout meaning contact for tort, comparing joint dangerous activity with otheranalogous infringements is helpful to solve the problem of these four torts in practice.After the theoretical discussion, the author explores the status of the three issues ofcommon development of China’s risk behavior system, namely on the common riskbehavior and the understanding of the existence of justice, the law has limitations.From both theoretical and practical point of view, the author make concrete proposalsfor the above problems: the correct meaning of a common understanding of riskbehaviors, including the understanding of the conception, clearing "common" means"common behavior"; clearing the legislation including the value determined from thesubjective and objective aspects of imputation and institutional basis to determinecommon risk behavior, the presumption of a causal relationship, as "the averageshare-based, proportional share of exception" is assigned responsibility for thebehavior of people inside; individual risk behavior for the common law fiction futurejudicial interpretation, and human behavior clearly defined exemptions.Common risk behavior is an important tort type in the law. The author combinesthe analysis, with a view to the common practice in the identification and treatmentof risk behaviors benefit, improving our dangerous act together to build the system.