On The Dangerous Responsibility

The emergence and development of dangerous liability as a principle of tort law is based on the progress of industrialization, high-tech applications as well as the insurance system developed and the improvement of the social security system. The emergence of dangerous liability has not only brought vitality, but also the crisis to tort law. On the one hand, it makes tort law which is based on traditional principle of fault liability to be able to adapt the needs of modern society development and expand its adjustment range, but on the other hand, it makes the function of tort law mingled with the function of social security system and causing the risk of tort law replaced by the social protection law. In fact, the dilemma exists in tort law at present .what is the future of tort law? In my view, the development of tort law can only be decide by the needs and development of our society, but the value and the related rules embodied in tort law should not be substituted by the value and related rules of social protection law.At present, it is not enough for our state in theoretical research and legal provisions about dangerous liability. According to the imperfection of theoretical research and legal provisions about dangerous liability, there is the chaos in implementation of the law by judges. Such factors arouse my interest in writing the present paper. It is the purpose of the paper from the origin of dangerous liability to find the solution dealing with the damage to the people caused by the progress of industrialization and high-tech applications. In the paper, the writer intends to put forward reasonable suggestions about basic theory, legislative mode and typical researching of dangerous liability through the historical research method and comparative method of law.The paper consists of four chapters discussing the foundations of theory of dangerous liability, the mode of legislation about dangerous liability as well as the comparative method of the types about dangerous liability in different states and the theoretical constitution of dangerous liability of our state.PartⅠis about basic theory of dangerous liability. The writer makes an exposition of the essential theory of dangerous liability from three respects as follows. First of all, the writer discusses the reason of the emergence of dangerous liability from the social context which dangerous liability comes into existence. It is also a major point of the paper that only researching in the historical background of the emergence of a thing, we can find the essential nature and development trend of it. Secondly, the writer makes a definition about dangerous liability. According to explaining the concept of dangerous liability, the theoretical foundation of it and comparison of dangerous liability with other liability principles in tort law, the writer discusses the meaning of danger related to dangerous liability and three character of it, namely, borne liability based on danger, no illegality and limited compensation. Then, the writer expresses the view that the theoretical foundation of dangerous liability is a reasonable social distribution for damage caused by the modernized industry and it roots in the theory of Aristotle's distributive justice, though there are many different opinions about it. Then, compared with other principles of burdening liability of tort law, the writer makes an explanation from the problem facing tort law that dangerous liability reflects an idea of social distribution to damage differed from the idea of compensation between individuals reflected in traditional principles of holding liability of tort law. Thirdly, according to the analysis of the value pursued by tort law, the writer explains that the purpose of tort law is to find a point of balance between the individual freedom and the social security. Therefore the valuable purpose of tort law is embodied in dangerous liability and traditional principle of fault liability. They reflect two different values: freedom and security separately.In partⅡ, the writer describes the legal provisions of dangerous liability in many states including Great Britain, United States of America, France, Germany and Japan. At the same time, according to comparing the advantage and disadvantage of the legal provisions of dangerous liability in many states, the writer finds some problems existed in the current legal provisions of dangerous liability. In order to solve these problems, the writer considers it is necessary to research the types about dangerous liability.PartⅢis about the types of dangerous liability in different states. First of all, the writer explains that there are two benefits to us for researching types of dangerous liability:(1) researching types of dangerous liability facilitates us to improve legislative provisions related to dangerous liability . (2) Researching types of dangerous liability facilitates us to solve specific cases about dangerous liability in the process of judgment. Then the writer introduces two different classified standards of the types of dangerous liability based on different states of common law legal system and civil law legal system. Finally, the writer describes all sorts of types about dangerous liability in detailPartⅣis about the theoretical construction of dangerous liability of our state. The writer mainly discusses the theoretical foundation, the relevant legislative mode and the specific types of dangerous liability from the aspect of building dangerous liability in our state. First of all, the writer explains the theoretical system of principles of bearing liability in tort law at present in our state. At the same time, the writer puts forward his own point that the theoretical system of principles of bearing liability in tort law should consist of principle of fault liability, assumed fault liability, fair burden liability and dangerous liability. Then, according to discussing the defect of relevant provisions of dangerous liability at present in our civil law, the writer puts forward his own legal suggestions on improving the present dangerous liability in our state. Then, the writer summarizes all sorts of types about dangerous liability and its characteristics in tort law of our state. Finally, the writer discusses the development trend of dangerous liability in tort law of our state. In order to maintain the sustained, rapid and sound development of our economy and simultaneously remedies the insufficiency of the social security system in our state, we should build the system of dangerous liability in tort law of our state.