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Electric Shock, Personal Injury Compensation Law

Posted on:2008-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiuFull Text:PDF
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The past decade witnessed fast economic development and massive power grid construction, as well as the blossoming of power industry—the infrastructural industry of national economy. Hence, dispute between power facility owner and power user or the third party increased, particularly compensation disputes on injuries caused by electric shocks. Different opinions on applicable law provisions appeared.Centering on the main line of "unique feature of electricity—high voltage electric power—highly dangerous operation—power facility owner", the writer would like to make an in-depth elaboration on the fundamental feature of legal disputes caused by electric shocks.The writer believes that the key factor to solve liability issue is how to understand and apply the "non-fault liability system". So, the writer analyzed the three main representative theories on this system, and studied whether this "non-fault liability system" can be applied as an independent liability principle.The writer understands that the intention to set up "non-fault system" in China is to set up regulations friendly to the weak social groups, to help them get necessary compensation for the injuries. But such kind of legal preferences are not shown by the way of balance or compensation. They should be supported by rules defined in law, and should be. associated with liability. Highly dangerous operation works, once believed to be the most strict area in applying non-fault liability system, should still require understanding on "fault", for example, could fault mitigation still exist? The writer made her reasonable questioning on unexceptional application of "non-fault liability system" in electric shock cases in present legal practices.How to understand conditions for liability immunity in these cases? Whether force majeure provisions can be applied? What kinds of fault behavior of the injured can make power facility owner immunified? How to define liabilities in injury cases caused by multi-reason high voltage electric shocks? All these questions were studied in the paper as well.Lastly, from the perspective of legislature, judicial and power practices, the writer gave her thoughts on the important issue of improving law application in injury compensation cases caused by electric shocks.
Keywords/Search Tags:injury conpensationcase caused by electric shocks, non-fault liability, power facility owner, culpa conmpensation
PDF Full Text Request
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