On The Improvement Of China's Civil Legal System Of High Risk Liability

The development of science and technology changes the way of human life tremendously in the history of human development,especially after Industrial Revolution.But science and technology is the coin,human life becomes more and more convenient,but the security of human lives and property is facing enormous challenges at the same time.Historically,the principle of fault liability has also been fully applied to the high-risk liability,but this kind of application often leads to the high-risk liability victims' legal rights and interests can not be fully protected.Chapter 9 of China's Tort Liability Law has special provisions on high-risk liability,and has achieved the legislative differences with the western society,but there are still areas that need to be improved urgently.By studying the historical evolution and development of law of high-risk liability and combining with the actual situation of our country,this paper puts forward new viewpoints and new opinions,which can provide useful reference for the relevant research of high-risk liability in our country.Besides the introduction,this paper is divided into five parts.In the first part we will comb the historical evolution and development of law of high-risk liability.This paper sorts out the relevant systems of the civil law system and the common law system,and explores the inherent logic and development rules of them.With the improvement of living standards,high-risk operations frequently appear in social life since the new epoch,and there is a trend that special provisions can not be exhaustive examples while appearing more and more new types of operations.The general provisions are often applied in the absence of special provisions.Therefore,in the construction of a new epoch of high-risk liability system,we should still further improve the general provisions to achieve the the combination of general provisions and special provisions.The second part is to explain and analyze the theoretical basis of high-risk liability.In modern society,fault liability can not cover all the protection of legal rights.Because of the distribution of burden of proof and the other factors,it is obviously unreasonable to apply the fault liability to the high-risk liability.Therefore,the theoretical basis of high risk liability should be combined with factual justice,so that the provisions can achieve the purpose of factual justice.It not only protects vulnerable groups,but also allows no fault liability party to bear heavy burden of proof or compensation.The third part is about the realistic soil and foundation of high-risk liability.The establishment of the system of high-risk liability is an inevitable choice for the development of human social science and technology to a certain stage and the degree of social danger to a certain stage.Sometimes high-risk liability even develops faster than the updating of laws and regulations.In the absence ofcomprehensive general provisions,the conservative legal system will increase the difficulty of identifying high-risk liability and the proportion of responsibility allocation.The infringement subject of high risk liability will also change from natural person to enterprise and legal person.Enterprises and legal person groups will become the main infringement subject of high risk liability infringement.The forth part is to analyze the current situation of the legislation of high-risk liability in China.The newly promulgated General Principles of the Civil Law have no relevant provisions on high-risk liability.The relevant provisions on high-risk liability in China are still mainly stipulated in the Tort Liability Law.However,the general provisions of the Tort Liability Law are not very practical because of their simplicity.Whether the relevant circumstances other than the special clause can be attributed to high risk liability by applying the general clause remains a big question.The relevant provisions of the Tort Liability Law on mitigation or exemption of liability are too vague,which also leads to excessive discretion of judges.The five part is to try to set up high-risk liability provisions.The principle that special provisions are superior to general provisions can be adopted in the application of special provisions and general provisions.The general provisions can be set up as follows: those who engage in highly dangerous operations and cause damage to others should bear tort liability.It is not liable by proving that the damage was caused by the intentional intent of the victim.Where the infringer has fulfilled a reasonable duty of care and the infringed party has made a major fault in the occurrence of the damage,the liability of the infringer shall be mitigated.