The Civil Responsibility Of The High Risk Business

With the development of technology and the socialization of production, the conditions of society have greatly changed. The legal institutions, as part of the superstructure of society, have greatly changed too. As respect to the legal institutions of tort, on two aspects, the variation of its principle of imputation is noticeable, one is the broadening of the fault principle, the other one is the establishment of the principle of imputation for abnormally dangerous activities (principle of no-fault liability or principle of strict liability). The legal institution of highly dangerous activities, according to the point of most scholars, belongs to-the latter. In our country, the legal institution of highly dangerous activities is not perfect, so we must study it carefully and make it perfect. In this paper, I systematically studied a series of important problems on this subject, such as the background of the principle of imputation for abnormally dangerous activity, the concept of highly dangerous activity and the principle of imputation for abnormally dangerous activities(principle of no-fault liability or principle of strict liability) and the relation between the fault principle and the principle of imputation for abnormally dangerous activity(principle of strict liability). The principle of no-fault liability means we should take the victims' damages as the value basis of our judgment and the people who have no fault shall bear the liabilities of tort as provided for by the laws. To solve the problem of liabilities caused by highly dangerous activities, we should take both the principle of strict liability and the principle of fault liability in consideration.As respect to the reasons to exclude the liabilities, in applying the principle of strict liability, if it can be proven that the damage was deliberately caused by the victim, the people engaging in the highly dangerous activities shall not bear civil liability; however, if the damage was caused by force majeure, the people engaging in the highly dangerous activities shall still bear civil liability.