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Disquisition on Joint Dangerous Act

Author: ZhaoXueSong
Tutor: ZhangLiMin
School: Suzhou University
Course: Legal
Keywords: Tort Common risk behaviors Elements Effect
CLC: D913
Type: Master's thesis
Year: 2003
Downloads: 227
Quote: 1
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Abstract


Common risk behavior system solved the "number of per capita have dangerous behavior, but don't know who the behavior of harm results" the imputation. Because of the "innocent person" more than "innocent victims" can blame sexual, so deal with the former imputation. Common risk behavior has three elements: subject plural sex, behavior implemented a potentially dangerous behaviour, per capita harm results caused by one or several persons, but it can't decide who is the aggressor. Common risk behavior person the actual cause of harm a person also have faults, but no means to contact between the conductors, the fault of person can have a variety of combination way. Constitute joint dangerous act not to act in the "commonality" is necessary, the offender cause person damage risk must exist during the actual damage, causation of common risk behavior is a kind of artificial causal relationship. Common risk behavior person jointly and severally liable, shall have the right to recover the internally, and has two kinds of justifications. Is necessary to establish this system in our country, should draw lessons from foreign advanced legislative experience and summarize the existing results, in the law of tort legislation to establish the system.

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