共同危险行为的构成要件及若干争议问题研究

共同危险行为制度解决了“数人均有危险行为，但不知何人之行为造成损害结果”时如何归责的问题。共同危险行为的构成要件有三：主体复数性；行为人均实施了具有危险性的行为；损害结果系一人或数人所致、但不能判定谁是加害人。共同危险行为的各行为人致人损害的危险在造成实际损害时是否已经存在、非实际致害人是否有过错、行为人之间有无意思联络，实践中这几个问题存在较大争议，笔对此提出一些个人观点。

Disquisition on Factors and Some Controversies of Joint Dangerous Act

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 who should be responsible for the damaged result. joint dangerous act: the actors' pluralism, all the actors have the dangerous acts and the damaged result is caused by one or more actors who are unknown. In practice much controversy lies in the questions as follows: whether the danger of acts exists before the damage, whether the actors whose acts didn't cause the damaged result are faulty subjectively, and whether all the actors have no meaning exchange. The writer gave the answer.