| With acceleration of building electric network and development of people's environmental awareness, disputes which caused by electromagnetic radiation of high-voltage power supply and transformation appear more and more often. Therefore, research of this task has been very important significant in judicial practice. The compensation for injury which caused by high-voltage power supply and transformation electromagnetic radiation is one of the special tort damages. It is applicable strict liability in tort. That means whether infringers have delict or not, they need to honor their liability. The delict is not the constitutive requirements. The subjects of compensation claim in high-voltage power supply and transformation electromagnetic radiation including claimants and compensators. There are three kinds of victims: directly injured person, indirectly injured person, and the third part losses caused by paying currency for directly injured person. The compensators include separate inflicter and joint inflicters. There are two constitutive requirements in high-voltage power supply and transformation electromagnetic radiation: facts of damages and causality. The facts of damages have some characteristics, such as latent, universality, and continuity. It could be divided into two parts that is property loss and non property loss. The non property loss concludes physical injury and mental injury. To confirm causality which in high-voltage power supply and transformation electromagnetic radiation also suitable for constructive principle. That means if the injury could prove a part of causation, the causality is established. That part of causation including facts of damages and running high-voltage transmission device which exists beyond the claimants'house. There is only one kind of grounds for exemption that is intentional tort by compensators. The others which including force majeure, error of a third party, faulty of the sufferer could not be one of the grounds for exemption.
|
PDF Full Text Request