论我国共同危险行为立法的完善

On the Perfection of Legislation for Common Dangerous Behavior in Our Country

合理的共同危险行为理论和立法能体现出法律调控、平衡加害人与受害人权益的高度技巧,对其理论和立法的完善,也凸显了共同危险行为制度的内在要求。应加强共同危险行为的立法,把侵犯财产权纳入其调整范围,并通过立法阐明共同危险行为体现为多数人行为的危险性这一特质,厘清共同危险行为的要件构成等基本理论。

The reasonable theory and legislation of common dangerous behavior can reflect the high skill of balancing the rights and interests between the offender and the injured as well as the internal demand of common dangerous behavior for the perfection of its theory and legis- lation.Thus,it is necessary to strengthen the legislation of common dangerous behavior, bring the acts of violating other＇s property into the adjusting range, through legislation expound the feature that common dangerous behavior embodies the danger of most people＇s behavior, and clarify the basic theory such as the important components of common dangerous behavior.