On The High-risk Liability Applicable To The General Provisions

The general provisions of high risk liability prescribed in article69of "The tort liability law of the People’s Republic of China"①is considered by scholars as a great contribution to world civil legislation. But the content of the general provisions of high risk liability of "The tort liability law" is too abstract and how it can be effectively applied to specific case there is a certain difficulty. This paper uses the case analysis, through the study of "Wu Hualin v. Beijing metro", finding the focus of controversy in this case. According to the focus of controversy, further study specific application of the general provisions of high risk liabilityThis paper uses the case analysis, comparative analysis, law hermeneutic method and the historical analysis. The specific logical structure is organized as follows:Chapter1, introduction. It mainly elaborats research value and research status of this article.Chapter2, introducing the case and controversy. This part is mainly to introduce the context of Wu Hualin case and finds the focus of controversy:(1) whether metro transit belonging to high risk activties;(2) whether MTR Corporation reducing its own responsibility through disclaimer subjects or diminished responsibility subject;(3) whether the court’s decision for the amount of compensation being reasonable.Chapter3, researching for the range of the general provisions of high risk liability. This part first defines the range of the general provisions of high risk liability, which only applies to the high risk activties; Followed by further analysis what is high risk activties, providing reference factors for determining whether certain activities belonging to high risk activties; Finally combining with Wu Hualin case, using the aforementioned reference factors confirm that metro transit belongs to high risk activties.Chapter4, researching for disclaimer subjects and diminished responsibility subjects of the general provisions of high risk liability This part confirms that disclaimer subjects of the general provisions of high risk liability are force majeure and the intentionally victims, and diminished responsibility subject is the victim of gross negligence. According to the case analysis, Wu Hualin had gross negligence in the accident. Therefore, MTR Corporation can reduce its own responsibility through diminished responsibility subject.Chapter5, researching for compensation of the general provisions of high risk liability. Through the analysis, this part considers that the limit of compensation and the mind compensation for damage apply to the general provisions of high risk liability. Then it provids reference factors for specific application. According to these factors, combining with Wu Hualin case, this paper argues that the claim for the mind compensation for damage of Wu Hualin should be supported.