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Research of the common risk behaviors

Author: ChenZheng
Tutor: XuHaiYan
School: University of Foreign Trade and Economic
Course: Legal
Keywords: Joint dangerous act attribution basis shared responsibility exemptions
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 231
Quote: 2
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Abstract


With the increasingly expanding of people’s activities, the distances of time and space between people are getting closer and closer. The dangers of getting hurt also increase. However owing to the constraints of the objective and technological conditions, it is impossible to identify the real tortfeasor and the joint dangerous act system arises. Joint dangerous acts are not uncommon in real life, which usually evoke damage disputes. Due to the joint dangerous act system is an extremely complicated theory, scholars hold lots of controversies on many issues, which has led to the chaos of applying this theory to judicial practice, it is necessary to further deepen our understanding on the theory of joint dangerous act.According to the information from various countries (regions) in the legislation, jurisprudence and doctrine, I try to do some systematic research and put forward my own views. The first part of this paper is the "Joint dangerous act outlined." Firstly, this part define“joint dangerous act”clearly. Then the part Point out“joint dangerous act”has its own independent status and value. The article also investigates the comparative law on“joint dangerous act”, searches its origins, and raises questions for the study below. The second part is“common elements which constitute a joint dangerous act.”The third component is“attribution basis of joint dangerous act”The fourth part is "responsibility on joint dangerous act" The final part sums up the main content of this paper, analyzes the "ashtray" case, and considers that it is not a joint dangerous act.

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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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