共同危险行为由存在共同危险行为体,行为人的行为具有高度的现实的危险性,造成损害结果的加害人不明三个要件构成,共同危险行为的归责基础有共同过失、加害人不明、利益平衡三种学说,其中利益平衡说最宜作为归责基础,在免责事由方面,只要行为人能够证明自己的行为与损害结果没有因果关系,就能免责。 The common dangerous behavior consists of the existence of a common dangerous actor, the perpetrator’s behavior has a high degree of realistic danger, and the perpetrators of the damage result are composed of three elements, the common dangerous act is blamed on grounds of common negligence, Balance the three doctrines, the balance of interests that the most appropriate as a basis for imputation, in terms of exemption, as long as the perpetrator can prove that their behavior is not causal relationship with the damage can be exempted.