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On Strict Liability In Tort

Posted on:2007-04-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:J WangFull Text:PDF
GTID:1116360182981791Subject:International Law
Abstract/Summary:PDF Full Text Request
The objective of the thesis is strict liability in tort law, including the fundamentaland core issues concerning this subject.The first chapter has discussed and clarified the concept of strict liabilityincluding its connotation and extension.The second chapter has introduced the evolution and the developmental situationof strict liability world wide. The general situation of the evolution of strict liability inEngland, the United States, France, Germany and Japan in the neoteric and modernera has been presented at length in this chapter.The third chapter has probed into the appropriate proportion of strict liability intort law, i.e., in what way strict liability can have harmonious relation with negligentliability. Here, the essentiality of human being, the policy to protect the socialproductivity, the increase of dangerous elements in modern society, the developmentof insurance industry in modern society, the diversity in cultural and legal tradition indifferent society, have been discussed separately for ascertaining the favorable orunfavorable impact from the arrangement of the proportion.The fourth chapter has analyzed the standard to implement strict liability in tortlaw, anatomizing the standard adopted currently by China (highly dangerous activitytheory) and the result from applying it, suggesting to use it continuously but have tochange the way of the use, and putting forward the method of considering differentelements to decide the existence of highly dangerous activity.The fifth chapter has addressed the excuses to waive or limit the responsibilityunder the system of strict liability and the suggestion of the concerning rules.The sixth chapter (liability for damage caused by animals) and the seventhchapter (liability for damage caused by thing) are the extend of the first five chapters:if the first five chapters are theoretical and fundamental part of the thesis, then thesixth and the seventh chapter are the application and experiment of theories and therules stated in the first five chapters.In term of the purpose of the thesis, it includes comparative law research anddomestic situation research. The former is the starting point of the thesis and the latteris the aim and the end-result. I sincerely hope that in respect of the need of China'stort-law-making, the main and fundamental issues concerning strict liability in tortlaw can be clarified through the studies here, and at the same time, a complete set ofrules recommended by the thesis would be valuable for consulting for Chinese lawmaker to construct the strict liability system in China.
Keywords/Search Tags:torts, strict liability, comparative study, suggestion of legislation
PDF Full Text Request
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