On The Exemption Of Common Dangerous Acts

In the modern society, sometimes we have no way to find the real infringer of the injury because of objective conditions in the joint torts. In order to protect the innocent aggrieved, the joint dangerous act system comes into being. At the same time, significant dispute exists among scholars about whether the actors can be exempted from liability if they can prove they didn’t cause the damage, especially after the issue of the "Tort Liability Law". Unlike the previous judicial explanation, the new law didn’t make clear the exemption subject, and it leads to the chaos when we apply the theory to actual judicial practice. This paper researched the joint dangerous act from its responsibility foundation in order to find out the basis for joint liability, put forward the author’s view that the actor can be exempted from liability if he can prove his act didn’t cause the damage. At the same time, the author supported this view from the protection of the innocent aggrieved and the reasonable assignment of the burden of proof. At last, some advice was given to improve the related legal clause so that we can solve the exemption problem when we deal with joint dangerous acts.