The Type And The Responsibility Of The High-Risk In The Tort Liability Law

With the development of science and technology and industrialization, accidents of great risks happen all the time.The parallel mode concluding fault liability and danger liability is adopted by the world. Chinese Tort Liability Law sets up special chapters on the highly dangerous liability and its provisions in general terms is very creative.However, the danger of highly dangerous liability itself is changing all the time with the development of science and technology. The existing legislation does not make the range of highly dangerous liability clear.The provisions described by simple examples and full of abstraction lead to the inappropriate using highly dangerous liability in practice. Based on this, this article through the analysis of high risk liability in the problems that exist in the judicial application, combined with a large number of references, typed was studied for the high risk is put forward, the connotation of highly dangerous to specification. And analyze the ground highly dangerous relief, expect can be highly dangerous liability applicable to practice provide beneficial norms and guidance.Besides preface and epilogue, this article includes four parts:The first part, overview of high risk responsibility. The concept of highly dangerous responsibility, first put forward by German jurist. Then gradually got the recognition of the academic and lawmakers. Set up a highly dangerous responsibility, to meet the requirements of three aspects: first, there are high risk; Second, causes damage to others; Third, a causal relationship between highly dangerous and harmful consequences. As highly dangerous fault, the main responsibility don't need to worry about because of the consideration of modern national legislation to protect the interests of the weak, to the highly dangerous responsibility principle of no-fault liability.The second part, the problem of high risk liability applicable in our country. Open the legislative model of the applicable law for the pursuit of certainty of the judicial practice harder, about the judicial application of responsibility of high risk, the main three problems: first, inappropriate expand the scope of highly dangerous responsibility; Second, mechanically apply high risk responsibility; Third, the improper range should be highly dangerous work. The root causes of these problems is a highly dangerous liability legislation is not clear in scope. The key to solve this problem is to explore a kind of defining a "highly pathogenic" version of the scientific method.The third part, highly dangerous typed. Aimed at the problems existing in the high risk in applicable, typing method can guarantee the accuracy of the high risk of acknowledgment and reasonable imputation. The act of tort liability to expand the scope of high risk, high risk can be divided into two categories: highly dangerous and highly dangerous operations. This part will respectively in this paper, the high risk and high risk operation their connotation and problems should be paid attention to in the judicial application.The fourth part, the highly dangerous liability exemption. About highly dangerous liability exemption from liability for tort liability law promulgated after sparked intense discussion, has caused the community especially about whether force majeure should be as a disclaimer and highly dangerous ground general terms and conditions of the relief. The author believed that has the reasonable risk sharing channel gradually, the main responsibility exclusion ground force majeure as a highly dangerous relief at this time, is conducive to better protect the interests of the innocent victims. In addition, the new type of high risk, high risk behavior or for his highly dangerous, so, can apply the article seventy-two or article seventy-three ground of relief. Don't need ground in the general provision of individual relief.