A Study On Joint Dangerous Behavior

As a result of human beings'expansile activity areas and closer distance in time and space, the problem of joint dangerous behavior occurs. Thus men are more likely to be affected by danger from others'activities. But sometimes due to restrict by objective and technique condition, we could not to definite the real offender. Civil law system like German, Japan and Taiwan all made a clear provision for joint dangerous behavior. Our country's general provisions of civil law described joint infringement behavior by and large instead of further describing joint dangerous behavior. In the process of practice, there are a large number of cases, but the approaches differ. The essay made a systematic research for joint dangerous behavior based on many countries'( regional ) legislations, prejudications, and various kinds of our and abroad theories. In addition, I proposed my ideas about it. This thesis is divided into four parts as the following:Part One discussed definition of joint dangerous behavior and development of system this chapter includes two parts. First part defined the concept and feature of joint dangerous behavior and relative provisions about our system of joint dangerous behavior. Second part described the formation and development of joint dangerous behavior system. This part definite the development history of joint dangerous behavior in civil law system and common law system through illustrating and comparing with different kinds of theories at home and abroad.Part Two is the basic imputation of joint dangerous behavior this .chapter includes two parts. First part is about different kinds of theories'viewpoints and evaluations of joint dangerous behavior's basic imputation. Second part demonstrates the basic imputation of joint dangerous behavior. Through the basic imputation of non-victim shoulder the responsibility and joint responsibility, analyzed and expounded the basic imputation of joint dangerous behavior. In the part of joint responsibility, I analyzed the basic imputation of joint responsibility of joint dangerous behavior in the sight of law. The fact of joint responsibility must have certain intercommunity. From the law, joint responsibility displayed the law consequence or indivisibilities of responsibility.Part Three is the constitutive requirements of joint dangerous behavior. This chapter includes two parts. I made some examples and comments on different kinds of theories of constitutive requirements of joint dangerous behavior. Second part expounded the concrete constitutive requirements of joint dangerous behavior. They are main part factor, subjective factor, objective factor and consequence factor joint dangerous behavior. Joint dangerous behavior is a kind of joint infringement, and is plural in main part. But in the main part factor, there are the debatable questions that the person with no legal capacity and the person limited in disposing capacity whether can be the person with joint dangerous behavior, and victim whether can be the person with joint dangerous behavior. I think the person with no legal capacity and the person limited in disposing capacity both can be the main part of joint dangerous behavior. If the victim was liable, the infringer can be let off. In subjective part, the non-victim and victim of joint dangerous behavior both have offences and no relationship between them. The purpose of joint dangerous behavior's legislation lies on protect the profit of victim when indeterminate real infringer. While the actor carry out dangerous acts is at fault. The establishment of joint dangerous behavior is the same no matter what kind of forms of fault, only except the situation of joint infringement with relationships. For the fault of non-victim, I think, non-victim also implements the dangerous act that can be externalization of considered subjective fault. Therefore, the non-victim also has the legal fault. From the objective part, joint dangerous behavior emphasized the nondeterminacy of infringer instead of consistency of act. I think, to compose joint dangerous behavior, we should take the fatalness and illegal as a must. But do not to require some kind of relevances of multiple activities. To establish joint dangerous behavior, every actor must have carried out the possible damage acts, which threaten others'benefits. Neither required the special relationship between actors to link the acts, nor demand the relevancy of act in time or space. There are putative causality and alternative causality. Based on joint responsibility, there exist joint dangerous behavior's faults and joint dangerous act of actors.Part Four discussed undertaking of joint dangerous behavior's civil liability and impunity. this chapter includes two parts. First part is the undertaking of joint dangerous behavior's civil liability. This part expounded the undertaking of joint dangerous behavior from outside and inside. In the practice, every dangerous actor should undertake the joint responsibility for the consequence, share alike in internal responsibility and share the responsibility according to market share or degree of fault. Second part is the concrete impunity of joint dangerous behavior. I think, affirmative theory is more rational. This part exampled two kinds of concrete impunity. One is the actor can prove himself or herself is not the real infringer, which can be divided to three conditions. That is, the actor can prove who the real infringer is. Second, the actor can prove himself or herself did not carry out the dangerous act. Third, the actor can prove there is no causality between his or her dangerous act and damage consequence. Type 2 is the actor have right of defense. That is the actor has defense cause of infringement responsibility. And it belongs to self-defense, necessity, victim on purpose or force majeure.