The Comparative Law Study On The Dangerous Liability And High-risk Liability

The fault liability always held a very important status for a long time. With thedevelopment of the economy and the coming of risk society, the traditional fault liabilityhas been insufficient to protect the rights of the aggrieved which make dangerous liability abig improvement. One of the most typical characters is that these dangerous activities areusually allowed by law under this system, which based on the concept of “distributivejustice”. The promulgation of China’s Tort Liability Law formulates “High-risk Liability”in chapter9instead of “Dangerous Liability”. Certainly it shows some shortages but thereis some improved space.Firstly the paper makes a basic introduction to the generation of dangerous liability,the definition of the concept and legislation model. And represented by German legislationmodel, it elaborates the legislative process about dangerous liability in German in detail.Secondly it introduces the high-risk liability. The article makes a comparison betweenhigh-risk liability and relevant type of infringement acts, in determining the standard ofhigh risk. And then describe the changes in legislation before and after the promulgation ofChina’s Tort Liability Law in detail, which reflect constantly improvement of legislation inour country.High-risk liability is a very representative type of dangerous liability, while there aresome differences between them. The third part makes an entire conclusion from thefollowing five aspects: legislation model, constitutive requirements, imputation reasons,claims for damages and defense causes by making a comparison.Finally, based on the previous discussion, the author will give some suggestions aboutthe legislation of high-risk liability in our country by using relevant foreign legislationexperience for reference. It mainly includes the perfection of general terms, the definition of exemption excuses and the improvement of compensation system, which hopes that wecan establish the dangerous liability system and regulate the whole legal system as soon aspossible.