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Research On Strict Liability System In Tort Liability Law

Posted on:2012-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhouFull Text:PDF
GTID:2166330338490703Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In tort liability law, imputation responsibility principle as one of the core elements from ancient to modern experienced from harm responsibility to fault liability, fault-presuming responsibility, fair liability, strict liability development. Strict liability was the product of modern industrial socialized production, the main functions are compensating loss or damage, the purpose is to give effective relief to victims. But the extensive discussion and debate didn't stopping from strict liability producing, and its rationality be widely questioned. Now the PRC Law of Tort liability be issued and in special tort liability field of tort law has adopted strict liability principle. It is corresponded with the spirit of contemporary tort liability law about compensating victims. Strict liability as an exotic, in continental law system and common law system has its tracks. But two law systems about strict liability there are a lot of different appellation: no-fault liability, dangerous responsibility, strict liability and so on. Strict liability and other appellation is the same kind of responsibility? Its development origin and historical background is the same? In the application of strict liability tort law and strict liability can play their due role? What is its shortcomings, the exception condition is the same? After the issuance of tort liability law, there are many cases to use of related theory to solve real-life legal issues, so give a particular analysis to strict liability is necessary.
Keywords/Search Tags:Strict liability, Tort, State liability
PDF Full Text Request
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