Study On The Application Of Exemption Of High Risk Liability In Risk Society

As the product of technological progress,High risk liability is the necessary system for human beings to deal with risk society."Tort Liability Law" provides special provisions in the form of a special account,and creates a new legislation,which is of great significance for the effective handling of the legal relationship of high risk liability and the promotion of socio-economic development.Based on the application status of the exemption of high risk liability and Combined with the relevant provisions of other countries,the paper analyzes the scope and applicable rules of the exemption of high risk liability in China,and then puts forward some suggestions.It is hoped that through the study of the exemption of the high risk liability,the paper will promote the perfection of the system of highly dangerous liability and make high risk liability play the great role in promoting social development and technological progress.This paper is divided into five parts:the first part is the impact of risk society on the high risk liability,the type of danger brought by the development of science and technology is increasing,correspondingly,the scope of the high risk liability is also expanding.In modern society,the possibilities and potential dangers of new social risks are greatly increased,so many countries began to try to maintain the openness of the high risk liability system in response to unknown risks.The second part is the application status and the effect of the exemption of the high risk liability.The civil law system and the Anglo-American law system restrict the exemption of the high risk liability,but there are still differences in the applicable exemption.On the basis of foreign experience,our country has stipulated different exemption for different types of high risk liability.The legal effect of exemption is the elimination of the responsibility,the social effect is through the measurement of interests,the distribution of social risks,maintaining social order.The third part is the scope of the high risk liability and the applicable rules.Due to the influence of the risk society and the principles of liability without fault,the scope of the exemption of high risk liability is more restrictive.Negligence,force majeure,victim intention,Third-party reasons,self-care adventure in the highly dangerous liability should also apply special rules.The fourth part is the analysis of the special problems of the exemption of high risk liability.When the victim is an person without complete civil capacity,the judgment of the fault,the exemption proportion should be given special protection,and the general rules should not specify the rules for how to apply,In a particular cases when persons responsible for high risk liability have performed duty of care,they should be exempted.The fifth part is the part of the suggestions for perfection,aiming at the shortcomings in the contents mentioned in the third and fourth parts,and put forward the corresponding perfect suggestions.To establish the system of the exemption of high risk liability:to clear applicable rules of negligence,force majeure,Third-party reasons,self-care adventure and the applicable exemption in general terms;to determine the special application rules for victims without complete civil capacity,it should place restrictions on the application of negligence and exemption proportion,to establish the high degree of duty of care,safety measures and warning obligations to ensure the accurate application of Articles 74 and 75 of the Tort Liability Law,to improve the risk dispersion mechanism,to establish and improve the liability insurance system,set up a special relief fund,improve the social security system as the supporting mechanism of the exemption of high risk liability,to ensure the legal and social effects of exemption.