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共同危险行为,是指二人或二人以上均实施有侵犯他人合法权益的危险行为,但又无法确定造成损害后果的具体行为人。共同危险行为不同于共同加害行为,也不同于与无意思联络的数人侵权行为,共同危险行为有自己特殊的构成要件。我国应在立法上确立共同危险行为制度。论文对我国当前立法和司法实践有一定的参考价值。
The act of common danger means that two or more persons are both in danger of violating the lawful rights and interests of others but are not able to identify the specific actor who caused the damage. The act of common danger is different from the act of co-inflicting injustice and the infringement of a number of people who are inadvertently connected with each other. The common dangerous behaviors have their own special components. China should establish a common system of dangerous behaviors in legislation. The essay has certain reference value to the current legislation and judicial practice in our country.