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随着人们之间交往与接触的加深,共同危险行为已成为侵害他人权益的侵权方式之一,并成为司法和理论界关注的重点。我国《民法通则》等没有对共同危险行为及其制度作出详细的规定。理论界对共同危险行为的概念、构成要件等也存在多种观点。本文将对共同危险行为的相关方面加以论述,以期能对共同危险行为的研究与立法做出微薄贡献。
With the deepening of contacts and contacts between people, the act of common danger has become one of the ways of infringement on the rights and interests of others and has become the focus of attention of the judicial and theoretical circles. China’s “General Rules of Civil Law” did not make detailed provisions on common dangerous behaviors and their systems. There are also many viewpoints in theorists about the concept, elements and components of common dangerous behaviors. This article will discuss the relevant aspects of the common dangerous behavior, with a view to making common contributions to the research and legislation of dangerous behaviors.