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Risk Liability System. Tort

Posted on:2008-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:X M CengFull Text:PDF
GTID:2206360215473144Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the fast development of industry and the great progress of science and technology, more and more advanced equipments and all kinds of industrial products are extensively applied to every fields of our life frequently. The by-products which industry society broughts to mankind jeopardize public security. Even if people try their best to pay attention to the activities, such as air services, nuclear energy uses and Industry exploding etc, they can't avoid the accidents still. And once the accident happens, the result will be serious. Face to all these 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-- liability of danger arose at the historic moment. By now, it has been accepted by tort law of many countries as an important system. But the concept of liability of danger is not accepted by our country in theoretical research. As a result, judges run into a great deal of difficulty to apply the law.The present paper consists of six parts. First, the writer uses the concept of dangerous liability as the beginning, analyses its ingredients as the core part; then on this basis, summarizes the types of it and the situations in which the tortfeasor can exemption from the liability, confers how to accomplish it; At last, in accordance with the present condition of dangerous liability in our country, the writer puts forward legal suggestion on improving the present dangerous liability. Concrete including:PartⅠ: The concept of dangerous liability. Arranging the different kinds of the concepts of dangerous liability briefly first and then expound the concept from brand and narrow sense, in several.PartⅡ: The composition of dangerous liability. In this part, the writer analyses the three ingredients of dangerous liability: First, there must be the activity which are highly dangerous; Second, the activity must cause damage that the tortfeasor will assume responsibility for it; Third, between the highly dangerous activity and the damage there must be casual relation. Scholars have different viewpoints about whether the fault of tortfeasor is one ingredient of dangerous liability or not, but the majority of them are agree with the aspect that no-fault pricinple should be applied.PartⅢ: The types of dangerous liability. The writer analyses it's types in Germany, France, Japan, the United Kingdom and the U.S.A and compares it with that in our country, then points out that applying legislative mode of general clause will make an accommodation to the development of dangerous liability much better.PartⅤ: Exemption clause analysis. In this part, the writer define position about whether force majeure, the fault of victim, prosecution public duties and warning can exemption from the liability or not.PartⅥ: The fulfillment mode of dangerous liability. In the evolution of dangerous liability, the fulfillments of the liability are stand separately, not co-operative. So,the writer draw the conclusion that the fulfillment mode of dangerous liability such as oneself liability, community liability and society liability should work together in order to satisfy the victim's indemnity need.PartⅦ: The present condition and conception of dangerous liability in our country. The writer summarizes rules about dangerous liability within the General Principles of Civil Law and special law in order to find some defects firstly, then puts forward legal suggestion on improving the present dangerous liability.This paper uses two kinds of research approaches, including:1 literature searching. The writer reviews and analysis the theory about dangerous liability in order to sort it out as an integrated structure.2 analysis by comparison. The writer tries to sum up one kind of theory which suits our nationality better by the method of comparing different legislation of other counties.
Keywords/Search Tags:Dangerous liability, Liability without fault, Exemption clause, Fulfillment mode, Legislative mode
PDF Full Text Request
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