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Common risk behaviors System

Author: ZhangNing
Tutor: ZhuangJianWei
School: East China University of Political Science
Course: Legal
Keywords: Concurrent Dangerous Act Component Causation Liability Undertaking
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 128
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Abstract

Tort liability law system is of basic civil law field. It is the basic norms to indemnify the life, health, personal freedom, right of reputation, right of privacy, real right, and intellectual property right of civilians and legal persons, maintain economy order and construct a harmonious society. Concurrent dangerous act system is a relatively special one in tort liability theories, also an important component of law of torts. In China, there hasn’t been an explicit judicial stipulation for concurrent dangerous act system in the general provisions of the civil law. In 2001, <<Several Stipulations of Supreme People’s Court on the Evidences of Civil Action>> was enacted, and in clause 1 of article 4 relevant burden of proof of the concurrent dangerous act was stipulated, which is the first time in Chinese laws that concurrent dangerous act is mentioned. Article 4 of the <<Interpretation on Issues of Applicable Laws Regarding the Trial of Cases on Personal Injury Compensation>> executed since May 1st, 2004 also stipulated the concurrent dangerous act, and that is a relatively complete version. However, there are still academic disputes on the concurrent dangerous act system, and relatively obscure conceptions on issues such as its components, its liability undertaking, etc. Along with the development of economy and the society, concurrent dangerous acts happen from time to time, and in practice it is more often than not to confuse them with concurrent tortuous action out of some obscure conceptions, bringing a certain extent of obsessions to judicial practice. Upon urgent request, <<Tort Liability Law>>was enacted and executed in December of 2009, where Article 10-14 made quite explicit stipulations on concurrent dangerous act, providing good conditions for the clarification of concurrent dangerous act system and clear maneuverability for judicial practice. Centralized on concurrent dangerous act this thesis conducts discussion. There are 4 main sections except foreword and epilogue section. Chapter 1 is the introduction of concurrent dangerous act, mainly discussing the originality and development, conception, features of this system and the necessity to clarify the concurrent dangerous act. Chapter 2 discusses the components of the concurrent dangerous act. At this point, there are quite some academic disputes, and the points of the author are raised in this thesis, interpreting the components from such angles as the joint dangerous acts, un-internuncial connection of concurrent dangerous doers in subjectivity, the act having caused injury with unclear person(s) inflicting such injury and causation. Chapter 3 is the criterion of liability of concurrent dangerous act, the discussion being conducted from two aspects, the foundation and principles of the criterion. Chapter 4 is about the exemptions and liability undertaking of concurrent dangerous act. The former is expounded from 4 aspects: the principal factor, the causation factor, the factor of person inflicting injury and the subjective factor. The liability undertaking of the concurrent dangerous act is discussed from the aspects of external liability undertaking and internal liability undertaking.

Common risk behaviors System

Abstract

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