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Study On Tort Liability Without Fault

Posted on:2011-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y JinFull Text:PDF
Abstract/Summary:PDF Full Text Request
The abuse of authority law went against the mistake responsibility"the corona"to pass through the 19th century, to the 19th century last stage, formed gradually along with the industrial society and develops, the industrial accident appeared massively, the non-mistake responsibility arose at the historic moment. This system solved the victim to present evidence difficultly, could not obtain the compensation difficult problem frequently, but the people simultaneously also discovered gradually the non-mistake responsibility was suitable has solved between the employer and employee's contradiction, actually increased the contradiction to the employer, has brought the huge economic pressures to the enterprise. In the mistake responsibility principle is unable in the question which deals with the special tort liability to undertake, the non-mistake responsibility principle becomes the victim to obtain the damage compensate the basis, whether there is"doesn't have the mistake"to lie to the party causing an injury mistake not to give the consideration, causes the party causing an injury while to enjoy some kind of achievement to the danger which possibly produces for its benefit pay. But the law has the harm accident's behavior class avoidless forcefully to this kind by the responsibility, will affect and limits the people to be engaged in the scientific innovation inevitably the enthusiasm and the initiative, in the possible responsibility to undertake in legal arrangement, the people are often overcautious, the conduct hands tied feet tied, does not dare Lei Chi one step. What must be clear, the non-mistake responsibility principle by no means constantly will also limit party causing an injury's freedom, notice this will have the resistance to industrial society's development, will bring the negative effect to the science and technology innovation, this item will turn over to the responsibility principle also finally to cause to have the way which the new responsibility will undertake - - through the insured liability transfer risk, and will develop gradually to let the entire society undertake, because the social progress will bring right infringement responsibility.The 20th century jurists once called out in alarm"the abuse of authority law crisis", thought the compensation, suppresses the major function cannot realize in the present abuse of authority law system or cannot very good realization, but fills the potency which the victim loses to strengthen, and shifts and harms mechanism and the method time the dispersion through the harm can give dual attention to party causing an injury's liberty of movement and be killed the need which the life insurance protects. Is fair for the practice, the balance society benefit, the right infringement law must make the corresponding adjustment: The mistake responsibility earns by the moderate revision, the non-mistake responsibility must be able to be established, simultaneously forms a complete set the display function society with the non-mistake responsibility to guarantee the dangerous system, the security, social system also to have the development, the popularization, with infringes upon the right particularly by the consolidated non-mistake responsibility in the modern law in the law status. Still debated unceasingly until today people to the non-mistake responsibility, that we have turned head now carefully examine this fill the dispute the topic, in some sense, also has its clear time significance, causes non-mistake responsibility theory better keeping pace with the times, the adaptation time development big tidal current. This article contains from non-mistake responsibility's righteousness with the law is suitable the effect to obtain, and analyzed it to have turns over to the responsibility principle the particularity, infringed upon the right the law development practice significance to this system's limitation and the consummation as well as to our country to do analyzes, thus let us be inspired, pondered how to consummate can let our system be able to carry out.
Keywords/Search Tags:no-fault liability, Responsibility Principle, Tort Law Infringement
PDF Full Text Request
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