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Research On Legal Problems Of High Voltage Electric Shock Personal Injury Compensation

Posted on:2015-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z P ZhangFull Text:PDF
GTID:2296330467965286Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
With the invention and application of electric, it has brought great convince to usin our daily life and shows great power in promoting social progress and development.However, electric also brings us many accidents caused by electric shock, especially,the high voltage which is highly dangerous and may lead to serious injury if someonejust touches it.With the inception of the new century, the electric power gets furtherdevelopment and has been incorporated in the blood of modern people. Therelationship between human and electricity becomes much closer, but cases of highvoltage shock are gradually increasing. There are different opinions on the lawsrelated to the cases of high voltage shock, for example, the injury compensation ofhigh voltage shock are different in indentifying the responsibility, the responsiblebody and the exemptions, which bring much confusion for our judicial practice. Inpractice, the people’s court may apply different laws on the cases that are similar indifferent areas; different courts even different judges in the same courts and thesentence results are different.In high voltage electric shock cases, how to correctly apply laws, clearresponsibility nature, fairly and reasonably determine the responsible main body,protect the legitimate rights and interests of all parties, reduce the cost, make laws ofjustice and efficiency. With these doubts, this paper will study the related lawproblems in the high voltage electric shock damage. This paper is consisted of fiveparts.In the first part, the paper will introduce two cases of high voltage electricshock on compensation for personal injury in the judicial practice. Though both of thetwo cases are caused by the minors who minors the high-pressure pole, the results aredifferent. This causes our considerations on the damage compensation of the relatedlaw problems of the high voltage electric shock.In the second part, it will introduce the legal system condition of compensation system for high voltage electric shock. Firstly, it will analyze howto define the high voltage and low voltage electric; and make standards for personalinjury cases of high voltage electric shock. Secondly, it will analyze thedifferences on personal injury cases of high voltage electric shock according tothe current relevant legal documents.The third part aims to explore what kind of imputation principle is suitable tothe on compensation for personal injury of high voltage electric shock. It starts formthe reasons that cause personal damage of high voltage electric shock anddemonstrates that the high voltage electric shock should apply the principle ofno-fault liability on the compensation of personal injury. Then it compares thedifferences of damages caused by the high voltage electric shock and electric powerfacilities, and power. It demonstrates the advantages and rationality of no faultliability principle in high voltage electric shock from the perspective of socialproduction and experience.The fourth part concentrates on the identification of the responsible main body ofthe high voltage electric shock personal damages. In the judicial practice, the way thatdetermine the compensation obligation subject by the cut-off property rights, whichexists a lot of problems and is not conducive to resolving social contradictions,maintain the legitimate rights and interests of the victim and increases the judicial cost.This part analyzes problem in determining the compensation obligation subject by thecut-off property rights, based on which, it will expound a comprehensive standard,that is, determine the compensation obligation subject according to the power supplyfacilities.The fifth part, firstly analyzes the exemptions of he high voltage electric shock,especially on the reasonable definition of intentional or gross negligence to correctlygrasp the legislative spirit; it puts forward its own understanding on the applicableproblems of negligence offset and mental damage on high voltage electric shock casesThe sixth part concentrates on the high voltage electric shock in thecompensation of personal injury compensation for mental injury, the author embarksfrom the nature of the system of mental damage and function, think in no-fault liability can also ask for compensation for mental damage.The seventh part is the conclusion of this article. Based on the analysis anddemonstrations above, it proposes its suggestions on improving the damagecompensation system of high voltage electric shock, that is, the applicable lawsshould be unified, correctly understand the relationship between the electricity lawand the general principles of the civil law. Combined with the electricity law of thepeople to be revised, it puts forward the imputation principle of high-risk operationsof the reconstruction of high voltage, Constructs liability insurance of network system,establishes the limit compensation system and the mental damage compensationsystem of high voltage electric shock.
Keywords/Search Tags:personal injury of high voltage electric shock, exemptions, theresponsible subject, compensation for mental damage
PDF Full Text Request
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