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Electric Shock, Personal Injury Compensation For A Number Of Issues,

Posted on:2003-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:X P WeiFull Text:PDF
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Great achievement has been taken in the reform of Chinese economic system. With the rapid development of market economy, further system adjustment in field of electrical industry gradually takes shape. The enterprises with business range of electricity have slipped the leash of planned economy and developed into the actual main body of the civil affairs which feature as running business independently and bearing all profits and losses individually. Due to its nature, damages incurred by electricity easily happen in daily life and cause considerable impairment to human lives and properties. With the increase of disputes arising from the type of electricity accident and faulty demeanors in electrical manipulation, some problems such as liability body and principle of imputation naturally fall into the adjusting category of civil law. Except for the lacuna existing in the original legal documents, however, the current mandatory stipulations of high jeopardy task seem to be too principled to follow when resolving the practical problems, which is running counter to the guideline of preserving rights and interests of clients and stability of social order. Combining reference to foreign legislation and research on national situation of China, this thesis focuses on the in-depth discussion on outstanding problemsappearing in high jeopardy task with high voltage electricity, such as liability body in electricity impairment issue (including the low voltage type), principle of imputation and spiritual endangerment. Suggestions of certain ways of improvement for compensation in high jeopardy task are also concluded in this paper.Altogether five chapters are set in this paper and 28,000 Chinese characters in total.The first chapter is an outline of compensation system in high jeopardy task home and abroad.I. Brief introduction to regulations of danger liability made byGermany, France, Britain, United States and Russia. Explanation for definition of high voltage through examination of Chinese legislation (Article 123 in "General Principles of Civil Law") and judicial interpretation ("Interpretation on Several Problems Arising from Trials of Compensation for Human Detriment Caused by Electric Shock" promulgated by People's Supreme Court on January 10th, 2001 ) on high jeopardy task that high voltage electricity is in the category of high voltage and the standard distinguishing high voltage electricity is fixed on 1kv and upwards.The second chapter is liability body in compensation of human detriment caused by electric shock.1. In general cases, liability body includes owner and functionary of electric equipment. The investor of the equipment is defined as the real holder.2. On special occasions, the recognition of liability body wouldbe divided into three types: a) Lawful occupant is generally regarded as liability body legallytransferring the electric equipment, except for other articles agreed upon both parties and the fault made by owner when transferring occupancy pursuant to contract.b)No fault in duration of management made by lawful occupant shall not be taken as the gist to affirm the liability but just as an important factor when lawful and unlawful occupants are both liability body in situation of illegally occupying the electric equipment.c)Two liability arouse for the deficiency lying in electric equipment:1. Product liability;2. Liability of human detriment caused by high jeopardy task, The victim may choose to claim damages on producer, seller or people in charge of task.The third chapter is discussing principle of imputation in compensation for human detriment caused by electric shock.I. No fault liability principle applies to the occasion of impairment made by electricity with voltage of 1kv and upwards.II. Fault liability principle applies to the occasions of impairment made by electricity of high or low voltage.III. Fair principle applies to the occasions that causality exists between demeanor of impairing party and detrim...
Keywords/Search Tags:Compensation
PDF Full Text Request
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