On The Mutual Responsibility Of Participants In Common Conduct

Social communication behavior is the product of human existence and development in the society.People often establish close relationship based on the common meaning.The subjects of behavior expand from acquaintances to strangers gradually.The types of behavior vary and develop with the improvement of living standards.At the same time,economic development and individual strength have made the social environment of our country increasingly indifferent.Egoism prevailed,and the phenomenon of not rescuing people from danger constantly stimulated people’s moral and legal nerves.Moreover,the insurance system of our country has not been popularized,especially the accident insurance,and the public is worried about their own safety.In the activities that people are engaged in together,such as drinking together,self-help travel,hiking together,swimming together and so on,if there is any damage,it may cause a series of legal problems.These activities are referred to herein as “common conduct”.In acts performed by people jointly based on common conduct,could a participant of the other Party be subject to liability if the participant in the other party was harmed as a result of reasons not attributable to the active conduct of that other party,but rather to its own,or natural or third-party causes? For example,in the current judicial practice,participants often drown when they meet each other or die in the process of self-help travel.Therefore,participants may face the problem of assuming responsibility for the typical cases of damage caused by common conduct.At present,there is no uniform criterion and standard in the current law of our country for the cases of damage caused by common conduct,and the reasons and results of judgments vary from court to court.Starting from the cases of injury to human beings caused by common conduct commonly seen in judicial practice,this thesis discusses the responsibility of participants in this situation.In the first part,the author defines the meaning and basic characteristics of "common conduct",limits the scope of discussion,and sums up and analyzes the results of the common conduct cases in the judicial practice.In the second part of this thesis,the author probes into the basic theory of tort liability,which is supported by the theory of liability for danger,the theory of reasonable trust,the theory of community and the basic moral law.Part three of this thesis specifies that a participant’s liability for tort is derived from its obligations as a participant but not its security protection obligations.a participant has a partner rescue obligation based on the common conduct itself,where a participant is exposed to personal danger,other participants shall prevent the occurrence or expansion of the danger to the extent of their capabilities.If a participant takes an improper prior act during the course of his joint act,and this prior act causes others to be in a dangerous state,the participant shall naturally be obliged to protect and rescue the rights and interests of the other participants.The fourth part of this thesis analyzes the establishment conditions of participants’ tort liability.Firstly,the paper expounds the specific contents of the participants’ obligation to act and the criteria for judging the breach of the obligation to act in cases involving damage caused by common conduct,and clarifies the reasonable limits of the participants’ performance of the obligation to act.Then it determines the principle of fault liability as the imputation principle for participants to bear tort liability,which shall exclude the application of the principle of fair liability in cases involving damage caused by common conduct.Finally,it expounds the constitutive elements for participants to bear tort liability.The fifth part of this thesis concerns the assumption of mutual liability by participants in common conduct due to breach of committed obligations.It can be divided into three circumstances to discuss the participant’s liability.Under the different circumstances of the victim’s misconduct,the third party’s infringement and most participants,there are differences in the proportion and form of liability undertaken by the participant.