The Research On Applicability Of High-Risk Liability

In the modern industrial society, with the improvement of people’s living conditions and the progress of science and technology, high-tech products are frequently applied in various fields of industrial production and life. These applications such as air transportation and the use of nuclear energy surely bring huge economic benefits and convenience. However, the potential danger of these activities to the surrounding environment cannot be ignored. In the event of accidents, the whole community will inevitably suffer serious disaster. Therefore, on condition that such activities are permitted by law, the danger liability regime came into being for the relief of the victims and realization of social fairness and justice. Its arrival has brought new vitality for the tort law and increasingly becomes a key one of legal systems in most countries.Nowadays in China, the in-depth theoretical research has yet to conduct on the danger liability. The Tort Liability Law indeed has an epoch-making significance, for it takes the general terms of the high risk of liability. However, there is a lack of a uniform definition on the concept of high-risk responsibility, resulting in the lack of specific criteria for judging the scope of the high risk of liability in judicial practice. For the factors above, this thesis is written to make up for the lack of in-depth study. The author aims to reveal the existing problems of China’s legislation and the corresponding legislative proposals by the theoretical analysis of high-risk responsibility, systemic comparison of the legislative situation at home and abroad.To achieve this goal, the thesis is divided into four parts, The first part is an overview of danger liability. Beginning with the introduction of danger liability concept, this part elucidates the reasonableness of its existence through the analysis of theoretical basis of danger liability.The second part is related to the form of danger liability. Based on the criterion of liability and the constitutive requirements of danger liability, the author analyzes the reason and conditions of danger liability applying to liability without Fault.The third part investigates the current situation of the application of danger liability legislation in China. The author starts with the analysis of several hot issues concerning danger liability, for instance, the difficulty in defining the limitation of liability, unclearness about subject of compensation, controversy about contributory negligence, uneven limit quota, non-uniform impunity reasons and other issues. The analysis of legislative status quo in China and problems in judicial practice can pave the way for the solution proposed in next part.The last part, combined with the advanced legislative experience and judicial practice at home and abroad, puts forward suggestions for improvement concerning with the problems found in the second part with the hope to provide good template for judicial practice. In the future, tort liability law judicial explanation should provides judgment standard for the scope of the high risk of liability, applying rules of contributory negligence, considerations standard of impunity reason, so as to guarantee that issues related to high risk liability can be solved effectively.