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Research On Highly Dangerous Liability Limitation Compensation System

Posted on:2012-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:R L HouFull Text:PDF
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Tort Law of the People's Republic of China established a highly dangerous liability limitation compensation system, which is recognized and established in many countries and regions. It has important functions. It can not only reduce the burden of enterprises,but also conform to the trend of economic development. But the application of this system makes it impossible for the loss that beyond liability limitation to be compensated and it againsts the benefit of the victim. Based on this, the paper tries to construct poly-pattern of highly-risk liability assistance system to offset the defect. Because of the close relationship between the liability limitation system and responsibility dispersion system, we can establish and perfect the liability insurance system, funds and social security system, expecting to be able to better protect the interests of the highly-dangerous victims, improve the diadvantage of the liability limitation system,guarantee the human rights,balance the interests of both sides and finally realize the goal of tort liability law. The premise of this topic about the highly-dangerous liability limitation system, liability insurance system and funds and the social security system is that these systems have the common value, that is to perfect the highly-dangerous responsibility relief system to play their roles, and complement each other. Although the specific mode of the operation is different, but the ultimate goal is to realize the protection of human rights and keeping of economic development. The author thinks that if we conform to the socialized trend of the highly-risk liability for damages, construct the perfect highly-dangerous liability limitation damage compensation assistance system and by combining the operation of these system together, there is no doubt that it will propel the protection of human rights and the realization of a harmonious society.Besides the preface and ending, this paper mainly includes four parts:the first part is a short introduction of the highly-dangerous liability limitation system, which introduces the meaning of the liability system, the purpose of legislation, function and disadvantage. It gives a positive attitude towards the liability system, but it believes that it is necessary to make up the disadvantage of the liability system; The second part describes the regulations of highly-risk liability limitation in other countries and regions as well as our country's legislation, which further affirms the value of this system, at the same time, with the other countries'cooperation of the related systems, we can get some suggestions and experiences from them; The third and the fourth part are mainly to introduce the related system of limitation of the liability system. By constructing the diversified assistance system and offsetting the disadvantage of the liability system, we will perfect our highly-dangerous liability damage compensation system.
Keywords/Search Tags:highly-dangerous, Liability limitation, Liability insurance, relief
PDF Full Text Request
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