General Terms And Conditions Of The Set Theory Of High Risk Responsibility

Since the19th century, the Industrial Revolution realized the transformation from traditional society to modern society. The widespread use of Science and Technology brings kinds of "happiness" for human, which greatly changed the mankind life style. It also brings huge, unavoidable danger to the safeties of lives and property of the people. Facing the frequent greatly dangerous accident, continues to use the principle of fault liability would be hardly possible to protect the interests of the victim. In response to the needs of social reality, greatly dangerous responsibility become the inevitable choice of human development. With the The chapters of greatly dangerous responsibility, article69of the Tort Liability Law as greatly dangerous liability general terms, be considered to the contribution for the world civil legislation, but there are still some drawbacks. Therefore, this article through exploring greatly dangerous liability system of development and rule, in reference to some countries, regions greatly dangerous based on duty general conditions, combining with the needs of the development of our reality, proposed the new greatly dangerous liability general clause.In addition to the introduction, this paper is divided into five parts.The first part introduced the development of greatly dangerous liability. Through the observations of greatly dangerous liability system in the countries of the Two Legal Systems, we can find the development of greatly dangerous liability system law. In the20th century, social life after the appearance of a large number of unforeseen greatly dangerous operation, in order to meet the needs of social reality, formed by the modern civil code general terms greatly dangerous way the climax of the acceptance of responsibility. Therefore, in constructing the modern greatly dangerous liability system, greatly dangerous responsibility shall be general clause and special legislation combined.The second part, the commertary of greatly dangerous liability according to three kinds of theories. With the arrival of social risks, the disadvantages of fault liability prominence, greatly dangerous liability system came into being. However, the existing greatly dangerous responsibility theory according to the exist of different level defects. The author believes that, the theory of greatly dangerous liability according to the modern society should be combined "allocation justice", manifests "risk--and distribution" justice, the concept, breaking a fault liability "no-fault, no liability" logical thinking, discard the traditional fault liability field "wealth-distribution" unreasonable concept.The third part, looking for greatly dangerous responsibility basis of reality. The greatly dangerous responsibility is an inevitable choice, facing the reality. The Science and Technology closely contacts with the greatly dangerous operations, making the the system has the dynamic and open features, which also increasing the difficulty of the identified high-risk liability. Second, the source of social danger as the central focus from the natural transition to the individual tort large-scale enterprises as the center of infringement, the allocation of responsibilities more complex, more intense competing interests. Finally, the greatly dangerous of damage caused by operating more serious consequences, and has inevitability.The fourth part, greatly dangerous responsibility in the current legislation. Our country adopts the greatly dangerous liability applicable legislation models. Civil Law Article123provisions of the highlights, judge malpractice the applicable terms divergence and confused, face many academic criticisms emerge in endlessly; The Tort Liability Law article69provisions be openly, give judges much discretion; The provisions of the state on disclaimer reason and a more chaotic, more is the guarantee of department’s own interests, not a very good basic content link up with civil.The fifth part. General clauses of the greatly dangerous responsibility should be setting up. The author thinks that, in the fourth part, on the basis of special law and general method for the conflict exists between the legal status of choice through solution, but how to set the general clause of greatly dangerous responsibility but become thorny problem. First, through comparative study method, can see the general terms of the greatly dangerous responsibility consists of two types. Secondly, on the basis of the two styles, combines with the needs of the present, will generalize the general terms as the first procedure of the codification of The Tort Law. Finally, the author related cases in the analysis of the greatly dangerous, made the general clause should contains responsibility fact constituents. The general terms prescribed duty may be engaged in greatly dangerous operations for:the people, even all the reasonable notice obligation, still because of "typical risk" cause frequent or severity damage, he shall assume tort liability.