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Research On The Legal Problems Of Personal Injury Compensation

Posted on:2015-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:X JiangFull Text:PDF
GTID:2176330467476822Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Along with the rapid development of economy, the power grid construction ofthe large-scale spread out, social production and life for power applications areincreasingly widespread, the resulting power facilities between the property ownerand the user or the third disputes increase gradually, especially in the electric shock,personal injury compensation cases is most prominent. China’s general principles ofcivil law for the highly dangerous work of the provisions of principle, manydifferences exist on the application of law, this paper aims to the imputationprinciple, the main responsibility, liability, the scope of compensation and otheraspects of analysis, in order to correctly grasp the spirit of the legislation of the lawon compensation for personal injury of electric shock. This paper consists of sixparts.The first part: the overview of electric shock, personal injury, the reason brieflyintroduces electric shock caused personal injury, the composition and classification.The second part: starting from the historical origin of the highly dangerouswork, probe into the principle of culpability for different voltage levels by pointingto our current legal provisions of the electric shock caused personal injury.The third part: the main responsibility to introduce electric shock, personalinjury, namely the concept of power facilities of property rights, and property rightdemarcation point.The fourth part: from the two aspects of exemptions and mitigate the causes, toexplore the influence of force majeure, the intentional act of the victim, the liabilityof the third party, the victim fault respectively on the electric shock damagecompensation liability allocation.The fifth part: the changes of personal electric shock and the scope ofcompensation, calculation method of analysis by the judicial interpretation of theprovisions of. The sixth part: put forward its own proposals on the perfection of personaldamage compensation legal system of electric shock.
Keywords/Search Tags:electric shock, personal injury, power facility owner, nofault liability principle
PDF Full Text Request
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