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On the dangerous behavior

Author: XuShiYan
Tutor: SunPeng
School: Southwest University of Political Science
Course: Legal
Keywords: the foundations for liability imputation the principles for liability imputation joint liability
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 228
Quote: 1
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Abstract

With the increasing expansion of the domains of activities, people are coming closer and closer in terms of time and space, and there is much probability of being endangered by others’ activities, yet sometimes it is unable to determine the infringer because of the constraints of objective and technical conditions. Based on the consulting and borrowing of legislations, judicial precedents and all sorts of doctrines home and abroad, this dissertation proposes its own ideas through dialectic thinking and systematic research on joint dangerous activity. It is composed of four chapters. Herein is the abstract:Chapter one is the overview of joint dangerous activity. It includes three parts. Part one, the comment on the extant doctrines and author’s own understanding of the notion and features of joint dangerous activity. Part two, the birth and development of the system of joint dangerous activity. Part three, the definition of the status of joint dangerous activity in joint tort. It also draws a distinction among joint dangerous activity, joint act of tort, and several infringing committed by inf ringers who have no conscious interconnection.Chapter two is about the foundations for liability imputation in the issue of joint dangerous activity. It first summarizes the bases. Liability imputation refers to the one determined by the state of affairs. It includes the basis of liability imputation and principles. The prevalent practice at the issue of liability in joint dangerous activity is that infringers should bear joint liability while the issue of the basis of liability imputation for joint liability is put into consideration as the last item. For the former perspective, the facts judging by joint liability should possess some intercommunity. For the latter perspective, joint

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