The Study On The Damage Compensation Liability Of Reservoir Release Flood Waters

With the development of social economy and the citizens' legal rights protection awareness, reservoir release flood waters damages attracts more attention. In our legal system at present, water law and civil law only made principle provision to this kind of tort, so there are large uncertainties through judicial means to resolve the dispute. The author studies the liability for damages of reservoir release flood water through release the water law and the civil law theory and our country reservoir flood waters management practice.This article consists of seven Sections.The first section is the introduction. which elaborated the necessity and urgency to study damage compensate question of reservoir release flood waters in our country. The author puts forward research purposes and introduced this article research approach to the problem.The second Section is about related water law provisions on reservoir management and release flood waters. Which described in detail water law rules of the reservoir water resources management and management ownership. The author listed and explained about specific legal provisions of reservoir water release flood waters management.The third Section is about the discharge and harm situation. Release flood waters and damaged circumstances of release flood waters were classified and analysisd according to the legal analysis factors. The author interpretive the damage of nonfeasance release flood waters and misfeasance release flood waters combined with specific cases.The fourth section is about the imputation principle of damage compensation liability of reservoir release flood waters .which analysed the principles of tort liability system. The three release flood waters behaviors were imputability analysised combination of imputation principle.The fifth section is about the constitutive elements of compensation liability of the reservoir release flood waters. which analyzed tort liability of reservoir release flood waters by the four elements :the tort, damage, causality and the fault mainly based on the fault liability of tort liability.The sixth section is about the ways of the compensation liability of reservoir release flood waters, mainly discusses the flood caused property damage, personal injury and mental damage compensation liability. Combined with the actual situation and the relevant legal provisions, separately elaborated compensation liability of property damage, personal injury and mental damage caused by the reservoir release flood waters.The seventh section is the conclusion.which summarized the present legal solution way for damages disputes of the reservoir release flood waters, and put forward suggestions on how to further improve the legal system of our country about reservoir flood damage compensation.