The Research On The System Of The Strict Liability

Tort law is the right remedy laws. In modern industrial society, all kinds of dangerous activities, frequent accidents caused by damage to the victims and the whole society serious harm. And wrongs of tort is different is that these dangerous activities themselves are usually allowed by law, but also essential for social and economic development. This is the traditional fault conditions that constitute violations do not coincide in many respects; fault liability has been insufficient to protect the rights of the aggrieved. To provide relief to victims, to achieve social fairness and justice, risk responsibility system was formed, and continues to develop. In particular, the risk of liability in the illegal nature of causality, in terms of exemptions was amended elements of traditional composition, especially in damages, tort damages system and liability insurance, social insurance, no-fault compensation system for damage to third-party embodies the civil society-based thinking will be more effectively protect victims. China's "tort liability", the risk of some types of liability in a typical stipulations.In addition to Introduction and Conclusion this paper is divided into six outer parts:The first part of the risk of the concept of responsibility. In modern industrial society, due to the use of science and technology, industrial production, product consumption and the occurrence of the damage incident has become the most common virulence hazards, these incidents are usually not due to no fault occurs, such as strict composition according to the traditional tort elements, especially the fault of the theory of causation, then either there is no fault of the parties, or difficult to prove a causal link, the victim's relief will become extremely arduous. No-fault liability and fault liability principle is a relative concept, but no-fault liability does not take into account only when the stress attributable to the fault of the perpetrators, and does not reflect the damage occurred because, in particular, the characteristics of modern accident Moreover, some no-fault types of liability policy may be due to legal reasons the presumption of negligence adopted strategies to ease the strict nature of liability without fault Moreover, our liability for breach of the strict liability principle, attributable to the parties when the same without regard to fault, from this point of view should be affirmed in tort liability law, the necessity of the use of dangerous concept of responsibility, no-fault liability is a dangerous concept of responsibility upper. Risk of liability from the process of creation, we can see, risk responsibility is a product of modern society, it is dangerous in general liability applies only to violations specific to the type of industrial society.The second part ,the development of risk responsibility. Is generally believed that marked the beginning of no-fault liability in Roman law, such as the Roman law of the animal to cause damage to the implementation of no-fault liability, but in fact the traditional and the modern no-fault tort liability is not equivalent to the risk of treatment, comparative law, the right the traditional presumption of specific violations are a large number of fault. In the civil law, the first beginning of industrialization in France, Germany, in developing the occasion of the Civil Code, still in the free capitalist stage, the principle of fault liability the highest standards of social development was in response to the new challenges posed by the French, through case re - explain the "French Civil Code," section 1383 created a "no bio-responsibility" to implement the terms outlined model, its scope expanded. In Germany, the risk of main responsibilities are the development through a special law, this two-track system specification model, the one hand, upholding the principle of fault in tort law, the basic position, without prejudice to the creation of a new and dangerous duty to adapt to the new development, but This also led to the special law in dangerous areas of responsibility, the proliferation of conflicts have arisen. In the Anglo-American law, liability risks through the establishment of new precedents set by the judge can be developed.The third part, the theoretical basis for the risk of liability. Certain legal systems are built on the basis of certain social thought. This section examines the major risk of imputation doctrine, the loss-sharing doctrine compensation liability doctrine, correct doctrine and so relatively few of today's popular theory of the theoretical circle. Attributable risk reflects the risk of Marxism lies in the attribution of responsibility for the subject, highlighting the traditional emphasis on the principle of fault attributable to the subjective nature of the different availability of disapproval, risk of liability can be reasonably defined scope of application. The allocation of loss doctrine focuses emphasis on the protection of victims, the most consistent with tort law to fill the damage function, correction of even more stress to play a tort law doctrine of punishment and prevention functions, compensation liability doctrine to focus on profit and loss sharing concept of social justice, more in line with the people moral concepts, readily accepted.The fourth part, constitute a risk of liability. This section focuses on the traditional fault liability risk of responsibility for violations constitute elements of the amendment, from the illegal nature of the damage, cause and effect relationships among the constituent elements of the responsibility of the special nature of risk. Breach of the law is concerned, should strictly distinguish between hazardous and dangerous activities, the legality of the activity itself to cause unlawful damage, we can not because of hazardous activities are consistent with the administration of laws and regulations that remove the perpetrators of the infringement liability. As usually involve specialized skills and knowledge to enable the victim to prove the existence of causal relationship has become extremely difficult, in order to implement the Tort Liability Act's protection, hazardous duty generally to reduce or remove the victim to prove causal relationship obligations.Part V, risk responsibility characteristics. China's Law on the risk of responsibility for the impact of popular German law, in particular, following the suspension of the two-track system of regulation which, in addition to the Basic Law, there are numerous risk of civil liability provisions, and even many of them exist in the administrative rules and regulations were. However, the absence of the commanding general terms, all kinds of inconsistencies between the provisions is not conducive to risk liability system should be fulfilling its functions. With different fault liability is the responsibility of the occurrence of dangerous not because of fault, but rather engaged in the damage caused by hazardous activities. But because these dangerous activities in itself is necessary for social development, the heavy burden of responsibility would impede social development, the risk of responsibility for the widespread practice of making compensation limits, which is to protect the interests of victims is very negative, especially in dangerous activities, accidents, damages are generally very large. Since then, China and France-based from the rights-based transition to a social standard, dangerous it also imposes obligations to society, particularly with the liability insurance, no-fault compensation system for damage to third-party, greatly strengthened the protection of victims. A study of the characteristics of the responsibility to develop will help to guide the risk of the responsibility system of China's more efficient to perform their proper functions.Part VI, China's risk of liability regime. This section is mainly to China, "Tort Liability Act," which stipulated the dangers liability system, in particular, more prominent in recent years, product liability, environmental tort responsibility to analyze, analysis of their constituent elements and exemptions with a view to co-found the applicable part of the study on the combination of comparative law, pointing out problems, suggest improvements.In this paper, the formation of the responsibility system of risk history and comparative law study on the development with a view to the development of risk liability system have a clear understanding of trajectory, which mainly takes the historical analysis and comparative law research methods. Of course, following the subject and learn the advanced outside the legal system and the successful experience of the ultimate goal is to improve China's current legal system.