On The Joint Dangerous Act

Since it was created by "Civil Code of Germany" in 1900, the system of joint dangerous act was adopted by Japan, Greece, Switzerland and Italy, and it was accepted by many other countries. However, up to now, in the field of our country's torts, the legislating of joint dangerous act has been a big blank, and the relevant theoretical research isn't systematic and deep enough, which lead to the disunion of judicial practice.This dissertation adopts historical research, conceptual research and interest weigh methods to systematically research on the joint dangerous act, especially on its source of the system of joint dangerous act, imputation principle, factors of liability and conditions of exemption from liability. At the same time some theories dispute focuses will be discussed deeply, which is in order to perfect our country's theory of joint dangerous act, play a role in the legislation of joint dangerous act and formulation of "Civil Code".There are about 30,000 words with 4 chapters besides preface and postscript.The preface introduces the current situation of research on the joint dangerous act, the theoretical and practical meaning, and content of this dissertation.Chapter one, it introduces the definition, characteristic, produce and development of joint dangerous act, and the legislation of our country and meaning of establishment this system, and it makes a systematic and deep research on the joint dangerous act, it makes a new definition of joint dangerous act.Chapter two, it deeply analyses and comparatively researches the four different theories of principle of imputation, moreover, puts forward the author's viewpoint that the presumption of fault on the basis of the presumption of causality.Chapter three, it discusses the factors of liability for joint dangerous act according to the five factors of liability for tort. According to the five factors of liability for tort strictly, this dissertation discusses the factors of liability for joint dangerous act, which can avoid the disorder of the existing theory.Chapter four, it introduces the liability of joint dangerous act and the conditions of exemption from liability. In order to seek for the reason why the actors of joint dangerous shall bear the liability, this dissertation makes a deep research on the basis of imputation from two aspects, why the actors of joint dangerous shall bear the liability and why the liability is not comparative liability but joint liability. Generally speaking, all actors should take joint compensation responsibilities for the victim on the basis of bearing responsibility equally.But the actor needn't to be responsible for the victim if he successful proved his act had not done any damages.Eventually, there are several actors who have dangerous actions, however, it's unknown whose action caused the damaged result, the system of joint dangerous act solutes the problem that who should be responsible for the damaged result. Compared innocent actors with innocent injured parties, the former should be more imputed and take the responsibility. Therefore, we should learn from the advanced countries and establish such a system in legislation on act of infringement.