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Research on Joint Dangerous Act

Author: WuZhiPing
Tutor: TanQiPing
School: Southwest University of Political Science
Course: Legal
Keywords: Common risk behavior Risk Legislative policy Perpetrators unknown
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 178
Quote: 0
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Abstract

Common risk behavior is a legal system designed to solve the actual perpetrators are unknown, between the innocent victims and perpetrators, as well as the perpetrators between, how to share their responsibility. Common risk behavior not uncommon in real life, and thus liability many cases. Scholars on many other issues of common risk behaviors due to the complexity of the common risk behavior theory, there are major differences, which also led to the judicial practice applicable to common risk behavior theory of chaos. Therefore, it is necessary to further deepen the understanding of the common system of risk behaviors. In addition to the introduction and conclusion section, the text is divided into three parts: the first part, an overview of the common risk behavior. First of all, on the basis of the concept Analysis of a variety of common risk behaviors to redefine the concept of a common risk behavior: the common risk behavior index implemented possible infringement of legal interests of dangerous behavior, and lead to a single damage consequences, but the number of people who is the actual virulence people can not be identified, for the protection of the innocent victims, the law from the perspective of the Legislative Policy Division jointly and severally liable to the common risk behavior, a tort. Secondly, on the basis of the historical evolution of the common risk behaviors visits, the paper argues that the contemporary consensus of common risk behaviors countries: a common risk behavior is different from a separate tort is different from the one of several joint tort tort species unique form; actual perpetrators are unknown; no intention liaison between perpetrator. These consensus of common risk behavior can be a reference. The second part, the constituent elements of the common risk behaviors. First, the beginning of this part of this paper show that the composition of the constituent elements of Chinese scholars on the common risk behavior is no essential difference, but the requirements of the relevant act, causation elements, imputation principles and specific issues of liability very controversial. Followed by different Viewpoints constituent elements of common dangerous behavior, this article: the main elements should include legal and other main addition to the capacity for civil conduct; conduct element depending on the risk behaviors common to say \the offender is unknown, said \the fault of the form of any combination between negligence and intentional. Secondly, on the basis of the constituent elements in the to clear common risk behavior common risk behaviors and other violations were compared with each other, so that the common risk behaviors more clearly defined. The third part, the liability of the common risk behavior. Analysis based view of a variety of common risk behaviors Liability premise that: non-offender imputability, \responsibility for the consequences of external jointly and severally liable, the internal shared equally main contribution method, supplemented by the combination of other factors; final analysis of common risk behaviors liability disclaimer before the two doctrines endorsed the negation said.

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