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Research On Liability Of Personal Injuries Case Amends Of Electric Shock

Posted on:2017-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:X T PengFull Text:PDF
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According to the developing trend of current electric shock disputes,electric shock disputes increasing year by year.Due to this kind of case involves more legal subject,the corresponding laws and regulations is multifarious,similar result in different case.The tort liability law took effect,use the word "operator" has been proposed to replace the traditional sense of the power equipment of the property right person.But from the specific provisions of article seventy-three of the tort liability law,and from the tort liability act of the whole,and not to "operators" further explanation or definition,resulting in people's understanding of the operator appears,such as: power generation enterprise operators? Power supply enterprises is the operator where the period of high tension line on the road? With the operator,etc? Based on this,it is necessary to "tort liability law" the seventy-third of the concept of "operator" were discussed,and further determine who is the "operator" of high voltage and do promote the correct implementation of the law,safeguard the legitimate rights and interests of the parties.In the general tort liability act in violation of the provisions of the law is the necessary condition to the tort liability.But in the high voltage electric shock damage because it is highly dangerous caused by the infringement,so the no-fault liability principle is high voltage electric shock of imputation principle on compensation for personal injury.Outside for high voltage electric power cause person damage,the civil law system of our country made no separate regulations,and therefore should be in accordance with the general tort principle of fault liability shall be investigated for responsibility.For low voltage electric shock to person bear tort compensation,must,in accordance with the general principles of the civil procedure law "who advocate who proof" to apply.In the event of a shock after the personal injury,the following conditions is power equipment "operators" ground of relief.One is the force majeure is and is the only thing that get an electric shock accident of infringement;If in addition to the force majeure,there are other factors lead to infringement accident getting an electric shock,such as human factors,such as this case power companies need to bear the corresponding responsibility.The second is the victim intentionally,including the victim in the subjective exists in the form of electric shock to suicide and self-harm;The victim to obtain benefit for theft and other illegal behavior caused by electric shock accidents.
Keywords/Search Tags:electric shock damage, No-fault liability, The principle of imputation, The liability for compensation
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