Analysis On The Reasons For The Exemption Of Joint Dangerous Act

With the continuous progress of the times and China’s economic and social development, traffic developed, information flow, in ordinary life with the outside contact more and more closely, in China advocate the background of national legal system, ordinary people’s legal awareness and rights awareness increasing, increasing the number of civil tort cases, the contradiction is sharp. Among them, not only medical damage compensation disputes, motor vehicle traffic accident disputes, personal injury compensation disputes and other traditional civil tort cases, joint dangerous act tort cases also in rapid growth, because of the particularity of the existence of joint dangerous act tort cases, often appear hard evidence of the victim, chase censure, rights and issues, the court trial also than ordinary tort cases need devote more judicial resources and energy to solve the problem. In the case of joint dangerous act of tort, the victim can not be timely and accurate to determine the right of the victim because of the limitation of cognitive ability or the limitation of the objective reason.From the perspective of legal system in our country, although in order to protect the victim’s legitimate rights and interests, has set up the system of joint dangerous behavior, but legislation amending the law because of the lag, leading to joint dangerous act in free plot liability provisions is not specific enough, too simple, lead to the most of the academic circles and judicial practice circle has disputed. The main point of contention is innocent of risk behavior can be completed through the burden of proof, that is, through that implement their own behavior and the victim is encroaching results did not exist the possibility of a causal relationship and the party concerned shall be exempted from liability. Although the new "the people’s Republic of China tort liability law" was finally introduced, but in the related joint dangerous act free liability of plot exposition, is not specific enough, too program, lack of key substantive content, leading to increasingly fierce argument in academic circles and judicial practice, also to the court of the judicial practice difficult and uncertain factors, so it is necessary for us to to the joint dangerous act system free from liability of plot part of more in-depth research and positive study.This paper intends to start from the occurrence in reality the real case, the case throughout the text in the form of, of joint dangerous act exemption exemption in foreign mainstream theory, theoretical disputes of domestic scholars are summarized, and through the analysis of the current situation and deficiency of the legal system of our country, find out the problem, and, where appropriate, the author puts forward some suggestions. It is expected that this paper can make certain catalytic and promoting effect on the substantive rules of the non responsibility circumstances in the field of common dangerous act of our country.