The Research On Strict Liability And Liability Without Fault

Strict liability and liability without fault plays an important role in both common law and civil law areas of tort law, especially in the moment that there are many uncertain risk in the society. In the view of this, the academic study of the research is not only gradually as frequent, but also in-depth. But the problem which are ignored is usual. Such as the history of strict liability and liability without fault? The evolutional process? Their respective effect to the legal systems? And can we use them alternatively? These problems need to be solved in the time of academic area. Because the clear of concept is the foundation and presupposition all of academic work, the research on strict liability and liability without fault is sense surely to the tort of China. Base on this ,I have did some study on the hi-story ,the evolution, the meaning of various historical periods of strict liability and liability without fault with the method of historical analysis , empirical analysis, type analysis, comparison analysis.In the first part, I discussed the historical development of strict liability and liability without fault in the early time, the meaning of the liability and the field of characteristics. Concluded by the reaserch and analysis is: There are many differences between strict liability and liability without fault, so they can not be used alternatively.In the second part, I discussed the development in modern period of strict liability and no fault liability, the characteristics of each historical period, and the general trends. By the study, strict liability and liability without fault in modern times has the same developed model that is the process from closed to open with core value remaining.In the third part, I discussed the main types of strict liability and liability without fault. By the study there is merely difference in the scope of strict liability and liability without fault. And the application is followed the"unusual activities", the standard of the activity is changing with the development of society.In the fourth part, I discussed the consistency of strict liability and liability without fault, and the choice of language problems. Concluded trough comparative analysis is: strict liability and liability without fault are same in the aspects that developing model, the core characteristics, thfield of application. In addition, compared with these two words, the terms of strict liability is more accurate, more scientific, so in terms of strict liability should be selected in the after.After the above study, we draw the final conclusion: Strict liability and liability without fault of the early time are different, so they can not be equated; strict liability and liability without fault of modern time are consistent in aspects that developing mode, meaning, field and so on. Therefore, they can be equated. Finally, I hope this paper can give contribution to t-he tort law of China in the future.