共同危险行为制度是当代侵权行为法中一项重要法律制度,而我国还没有确立。在学术界及法律实践中,对其的构成要件及责任承担问题等方面存在诸多分歧,使现行法律陷于困境。通过对共同危险行为的构成要件进行理论与实证相结合的分析,以期推动共同危险行为理论在我国的建立。 The system of common dangerous behaviors is an important legal system in the contemporary act of tort and our country has not established yet. In academia and legal practice, there are many disagreements on its constitutional elements and responsibility undertaking issues, which put the existing law in a dilemma. By combining the theoretical and empirical analysis of the constitutional elements of the common dangerous behavior, we hope to promote the establishment of the common dangerous behavior theory in our country.