Study On The Joint Danger Act

Common risk behavior is a special type of joint tort, in modern society, the number of cases ofcommon risk behaviors gradually increased, and more complex forms of infringement, thus the theoreticalsystem on the common system of risk behaviors proposed more stringent requirements, but due to commonrisk behavior system in China started late, the relevant theoretical research is not deep enough, the system,which caused the parties to the theoretical basis for discussion.Herein by reference the relevant provisions from abroad, using the literature study and comparativeresearch methods, risk behaviors related to common theory controversy has also been discussed and putforward their views, hoping to play a role.This article is more than twenty thousand words, is divided into five parts to study the theory ofcommon risk behavior system. The first part is a general theory of common risk behaviors, the first part ofthe concept of the common risk behaviors were analyzed, I believe that to correctly understand the commonrisk behavior,"common"and "common danger"from two aspects to understand. Academic on common riskbehaviors in the"common"are: common mistakes that associate together, said contact means and saidcommon behavior that through comparative analysis, I believe that the subjective and objective, said amore reasonable compromise. Secondly, the common risk behavior and other similar concepts made adistinction, so that we more aware of common risk behaviors, understand the nature of attributes commonrisk behaviors.The second part describes the dangerous behavior on the common practice abroad, by drawing onforeign regulations on common risk behaviors, presented some of his inspiration: I think we canput"unknown perpetrator"sand "harm results unknown"into our country, which is more good to help usdistinguish between what belongs to the "common risk behavior,"but also conducive to the properallocation of the risk responsibility, so people do not implement risk behaviors from legal sanctions, is agood interpretation of civil law principle of fairness, and it is in full compliance with respect for humanrights and people-centered the national policy. The third part introduces the research status of common risk behaviors, first clear our currentregulations on common risk behaviors, and risk behaviors of constituent elements common aspects in-depthstudy on the first section describes the current academic common risk several elements of the doctrineconstitutes, there are three main elements that said four elements and the five elements that the author andits assessment, concludes with his own view on the constituent elements of the common risk behaviors.The fourth part of the main problems that exist in legislation and practice. Two aspects to this partseparately from the legislative and practical issues related to the first common risk behavior system issueswere discussed. Legislation, China’s "Tort Liability Act" of the common risk behaviors exemptions vagueprovisions that dangerous behavior on the common academic exemptions are mainly negative to say withcertainty say that the two views, I think certainly more reasonable to say, and explained his reasons. Inpractice, whether altitude parabolic behavior should be attributed to common risk behavior, I believe thatthe common risk behavior and high altitude parabolic behavior is essentially different, it should beindependent, were studied and elaborated their own reasons.The last part is a common risk assessment and recommendations on the behavior of Chineselegislation. Respectively,"Common risk behavior in the" two "," implement "," can not determine thespecific infringer "three aspects to understand, after the legislative acts of the common danger madeadditional recommendations, I think we can from the common risk concept of behavior and responsibilitiesexemptions three additional modifications.