Dangerous Liability System

At the end of the 19th century, people extensively applied science and technology to industry. By-product which industry society brought to mankind jeopardize public security. Face to frequent disastrous accidents, if tort law continued to use traditional principle of fault liability, the victim would not be entitled to compensation because he was unable to find proofs which the infringing party must have acted with fault. The system of dangerous liability arose at the historic moment It has existed for about 100 years, and been accepted by tort law of many countries as an important system.But it is not enough for our country in theoretical research and legal provisions about dangerous liability. As a result, judges run into a great deal of difficulty in implementation of the law. Such factors arouse my interest in writing the present paper. The writer intends to find problems in the current law and puts forward legislative suggestions for consummating dangerous liability through doing theoretical and comparative legal analysis. In order to accomplish this objective, the present paper consists of three parts.Part Ⅰ is about basic theory of dangerous liability. The writer deals deeply with theoretical questions of the dangerous liability from four respects as follows:A. The delimitation of the dangerous liability. Firstly of all, the writer explains the concept and feature of dangerous liability in order to distinguish between dangerous liability and fault liability. Then, after expounding different connotation of objective fault and presumption of fault from dangerous liability, the writer further emphasizes that they still belong to the category of fault liability rather than dangerous liability based on no-fault liability although they perform the same function as dangerous liability for damage in accidents. Finally, the paper expatiates upon status of dangerous liability in no-fault liability.B. The theoretical foundations of dangerous liability. There are a lot of viewpoints of theoretical foundation about dangerous liability. The writer selects five kinds of representative ones to analyze and appraise, then draws a conclusion that all them rather than each of them can rationally explain theexistence of dangerous liability.C. The relation between dangerous liability and its auxiliary system. Today there are various hazardous activities with powerful and potential destructibility in world. It follows that a lot of enterprises get into economical difficulty as a result of bearing dangerous liability, in turn, victim unable to have enough compensation. With the aid of its auxiliary systems, dangerous liability can take fully effect It is necessary to elaborate relation between dangerous liability and its auxiliary systems which include liability insurance and social security system.D. A few of hot issues of dangerous liability. Is dangerous liability related to illegality? Whether can limit of liability, spiritual damages and negligence setoff be applied to dangerous liability? Scholars have argued these issues all the time. After summarizing various ideas for and against these issues, the paper considers that limit of liability should not be applied to dangerous liability, and compensation for spiritual damages and negligence setoff can be.Part II is about the system of dangerous liability in different countries. On the basis of introduction to the dangerous liability of England, America, France, Germany and Japan, the writer does study on legislative mode and reaches a conclusion that general legislative mode is more advisable.Part III is about the present condition and conception of dangerous liability in our country. Firstly, the writer summarizes rules about dangerous liability within the General Principles of Civil Law and special law in order to find some defects. Secondly, the writer probes advantages and disadvantages within the draft of Chinese Civil Law in 2002 by comparison with the current law. Finally, the writer puts forward my own legal suggestion on improving the present dangerous liability.