共同危险行为若干问题研究

Some Issues on Joint Dangerous Act

共同危险行为的主观要件,只要是数行为人非共同故意即可;其客观要件,只要是不能确知实际加害人即可,而不需要各行为的客观关联性;其因果关系,倾向于各行为与损害后果之间为择一的、推定的因果关系;其法律效力,倾向于各行为人对受害人承担连带责任,内部的责任分摊以平均分摊为原则,以比例承担为例外;同时允许部分共同危险行为人以自己的行为与损害后果之间没有因果关系为由得以免责。

The subjective requisite of joint dangerous act is that the actors should have no incorporate intention. The objective requisite is that the real inflictors can not be known for sure and the objective relationship between the separate behaviors is unnecessary. Causality between the behaviors and harmful consequences is inclined to be optional and putative. The legal effect is that the actors should undertake the joint and several liabilities to victim, while they divide the inner liability among themselves on the principle of average division and the exception of proportional division. Meanwhile, some of the actors of joint dangerous act can be exempted for their behavior has no causality with harmful consequences.