Study On The Negligence In High - Voltage Electricity Penalty Cases

Although high voltage electricity is at high risk, it benefit for human society and improves peoples’quality of life. At the same time when high pressure brings benefits to people, there are serious risks.In recent years, more and more civil disputes are caused by electric shock accidents which the reason is complicated, with the development of economy and the progress of the society. In order to promote the fair share of losses, to prompt the cautious behavior of victims and the third party, as far as possible to avoid accidents, and to reduce the burden on power industry, the Tort Liability Act adds to contributory negligence system on the basis of summing up past experience, so that the tort liability is more fair and reasonable. But the specific provisions of China’s legislation about the rule of contributory negligence is not enough clear detailed, there are still some disputes in judicial practice application which results in judgment confusion. Although there are some theoretical studies about above-mentioned problems, it is still inadequate and many contentious issues remain unresolved. Based on the "Tort Liability Act", this paper is divided into four parts. First of all, this paper discusses legislative and judicial status of high voltage electric shock of contributory negligence in our country. secondly, this paper sums up and sorts out the inadequacy of legislation with typical cases and the existing problems in judicial practice since the implementation of contributory negligence of the Tort Liability Act which is applied in dealing with specific problems in the case of high voltage electric shock. It is respectively: "Tort Liability Act" don’t make provisions on defined standards of the high voltage and low voltage electricity; provides mutual contradictions on exemption of the tort liability; don’t get clear provisions about the applicable conditions and the legal consequences; get too general provisions about applicable scope and applicable way of fault offset. There are different identification about "the intention and negligence" of the victim and knowledge of "legitimacy" of behavior and whether or not power facility owner does warning obligations for judge. Once again, this paper compares and analyses the origins, evolution, and development of the system of the contributory negligence system in foreign countries, and summarizes the extraterritorial enlightenment of the contributory negligence regime. Finally, on the basis of the experience of other countries’advanced experience, puts forward two suggestions about the aspects of legislation and Justice. The author discusses how to put reasonable application of negligence offset system in high voltage electric shock tort liability distribution, in order to provide limited help to the establishment of a scientific and reasonable and convenient operation of the contributory negligence system.