Analysis Of Commonrisk Characteristics And Behavior Of Actors

In the current judicial practice, it is often encountered tortuous dissention of behavior of common risk. Due to the common law provision of dangerous behavior is general. Many problem that involved behavioral characteristics of actors have arisen when the application of common risk behaviors deal with similar matters about tortuous dissention:issue about capacity of common risk behavior actors for civil conduct. Whether legal man and other organizations can become a dangerous behavior actors or not. Either the dangerous act together itself or the risk to determine the scope of offenders. And whether the victims can become perpetrators of common dangers or not; whether the space—time is a requirement of the commonality of common risk behavior, not as the way of behavior is whether have behavior commonality; As long as the offender can not be identified as common risk behavior, risk behavior common subjective there is no limit. How to identify common risk behaviors and behavioral characteristics of the main problems become major issues of concern in practice. It has important significance that the correct application of the common risk behaviors for the judicial practice.The object of common risk behaviors involving other personal protection, property rights and interests; subject is plural, the behavior of the main general is a natural person but also corporations and other organizations, co-risk behavior of actors, they are the civil subject even though they have full civil capacity. As long as the independent implementation of damage to the common risk behaviors also constitute infringement, that is, risk behaviors were common. In accordance with the law, the responsibility need to take on by guardians although they have not responsible for their ability. The ultimate objective of a common risk behaviors instantaneous relief to victims of damage are achieved.To determine the conduct risk to the offender's behavior can keep balance between the interest of innocent victims and innocent people. It is fair that responsibility to other risk behaviors that the victim also implement a common course of conduct constitutes a dangerous risk behaviors common person is at fault because they have to reduce other risk behaviors were common. Also easy to exert the effect in relief for practice the correct application of the common risk behaviors.Common risk behavior in the "common" is the possibility of damage to the joint between the perpetrator,is a common risk, either jointly or separately to common risk behaviors, as long as the subjective intent does not have a common purpose, their risk behavior associated with the damage produced results can constitute a common risk behavior。And the "Space-time identity" the common behavior of a specific judge is too strict, the interests of innocent victims will not get relief; the "temporal and spatial relationship" specific judge has reasonable, however, there are not well that not considered the common dangerous situation caused by the different types of behavior related to personal rights, considering the specific meaning of "common" in a common risk behavior to "conduct relevance" to the specific criteria for judging a more common risk behaviors of legislative intent and to facilitate practical action needed。Risk behavior is objectively damaging possibility of personal property or other rights of others, this development of risk behaviors can directly lead to violations of the action。Common risk behavior in the implementation of the acts of a few people have the potential to cause damage and led to the formation of a dangerous situation and this risk is a reality, the occurrence of damage is entirely possible and the behavior does not have a specific and common point。But it should be based on social and public values and ethics on the "dangerous act" to make reasonable definition, so do not have the possibility of innocent people virulence exoneration。Particular offender unknown is one of the basic characteristics of common risk behavior, but not the only feature of constitute a common dangerous act。Subjective aspects of risk behavior is not shared a common purpose, no meaning can contact.Clearly the main common risk behaviors and behavioral characteristics identified standards in the application, solve application problems, then guide the correct application of the common practice of risk behavior. Give full play to the common risk behaviors strengthen the role of the victim's relief and the achievement of current social values of fairness and justice demands, Maintaining the impartiality of the judicial unification.