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The Issues of the Joint Dangerous Act

Author: WangXi
Tutor: LiQingHai
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: Joint Dangerous Act Factors of Liability Joint Responsibility Perfect of Legislation
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 60
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Abstract


With the development of modern society, people’s daily activities gradually diverse and complex, civil activities have become increasingly frequent, followed by most people involved in violations caused more and more common.In common tort cases, because of the limitations of human knowledge and the proven ability of the difficulties, the results when the damage occurs, but can not find the perpetrators of specific acts of infringement. At this point, the rights of innocent victims to get protection and relief to become an urgent legal problem. Based on this, then the provisions of tort law are provided to solve the joint dangerous act. In the new implementation of the "People’s Republic of Tort Law", the joint dangerous act system for the first time in the form of law to be provided. The joint dangerous act related to legal provisions, a judge in dealing with such cases to provide a clear legal basis for the law embodied in the regulation and balanced "act innocent people" and "innocent victims" high degree of interest between the techniques. However, due to the limitations of the law, in specific the joint dangerous act for the common system have some questions and controversy, so it is necessary to analysis the problem in depth to be clearly and concrete,to clarify the theory of the joint dangerous act context, to explore the rationality of practical application of the law for the protection of legitimate rights and interests of victims, to fill the damage, avoid the joint dangerous act, and guarantee the impartiality of justice and unity is of great significance.The full text have six chapters.The first chapter is an introduction. This chapter outlines the background, domestic and international research trends, topics of meaning and purpose, research methods and so on.The second chapter is an overview of the joint dangerous act. We turn first to our existing concepts of the joint dangerous act related to a common analysis of the various theories, and its evaluation, and then with the new introduction of the "Tort Liability Act" to define the joint dangerous act; followed that the behavioral characteristics of the joint dangerous act; the last to be confused with the joint dangerous act of a few concepts easy to distinguish.This chapter from the general theory of the joint dangerous act were described to act for the following Elements of the the joint dangerous act analysis provide a theoretical reference.Chapter three is the anlysis to the common element of the joint dangerous act. Common Elements of the specific dangerous behaviors is still controversial academic at present, finishing the first chapter of the academic elements of the the joint dangerous act pose several theories, and critical analysis of various theories, and then put forward his theory of combination of elements that constitute view, to constitute the elements of sound can provide theoretical support.Chapter four is a the joint dangerous act, accountability and forgiveness. "Tort Liability Act" requiring the dangerous act jointly and severally liable, but who does not require internal risk behaviors and how to remove the responsibility of accountability, this chapter combines the various theories of risk behavior of people inside the exclusion of shared responsibility and accountability for analysis, more perfect in theory the relevant provisions of the law.Chapter five is the joint dangerous act assessment and recommendations of the legislative acts. This chapter from the current "Tort Liability Act" the relevant provisions of Article 10 proceeding, in-depth analysis of the law within the meaning between the lines, in order to express more clearly defined the legal meaning of the the joint dangerous act. Exemption provisions of the subject and additional recommendations.Chapter six is the conclusion.

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