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Study On The No-fault Liability

Posted on:2008-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:X G WangFull Text:PDF
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At the end of the 19th century , with the fact that the science and technology swiftness and violence develops, one aspect ,people extensively applied science technology to industry and human civilization has stridden into a new stage ; but in another aspect by-product which industry society brought to mankind jeopardize public security. Face to frequent disastrous accidents, if tort law continued to use traditional principle of fault ability, the victim would not be entitled to compensation because he was unable to find proofs which the infringing party must have acted with fault. It is unjust to the victim. The system of no fault liability arose at the historic moment. It has been existed for about 100 years and been accepted by tort law of many countries as an important system..But it is not enough for our country in theoretical research and legal provisions about no fault liability. As a result, judges run into a great deal of difficult in implementation of the law. Such facts arouse my interest in writing the present paper. The writer intends to find problems in the current law and put forward legislative suggestions for consummating no fault liability through doing theoretical and comparative legal analysis. In order to accomplish this objective, the paper consists of three parts.Part one is about basic theory of no fault liability. The writer deals deeply with theoretical questions of the no fault liability from five respects as follows: arouse of the no-fault liability, the delimitation of the no-fault liability, the theoretical foundations and the liability doctrine of the no-fault liability, consideration of the fault in the no-fault liability, the relation between no-fault liability and its auxiliary systems include liability insurance and social security system..Part two is about the system of no-fault liability in different countries. In this section, on the basis of introduction to the no-fault liability of Germany, France, England and American, the writer does study on legislative mode and reaches a conclusion that general legislative mode is more advisable.Part three is about the present condition and conception of no-fault liability in our country. Firstly, the writer summarizes the rules about no-fault liability within the present laws. Secondly, the writer probes the disadvantages of no-fault liability from macroscopic view and microcosmic view. Finally, the writer puts forward my own legal suggestion on improving the present no-fault liability.
Keywords/Search Tags:No-fault liability, Dangerous liability, Strict liability, Doctrine of liability fixation
PDF Full Text Request
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