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Practical Ana Lysis Of Compensation For Personal Injury Caused By High Voltage Electric Shock

Posted on:2019-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:T SunFull Text:PDF
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In the field of civil litigation cases,personal injury compensation cases caused by high-voltage electric shocks have become more and more concerned as a type of infringement case.Through a comparative analysis of the judgments made by the Chinese courts in the same type of case courts in recent years,for the same kind of litigation,the courts will cite multiple types and different legal provisions in the trial process.It mainly covers the "General Principles of Civil Law,in the field of civil and commercial affairs;the "Electricity Law",which specializes in regulating electricity,and the "Tort Liability Law" and related judicial interpretations,which have been newly promulgated in various fields in the field of infringement in recent years.The law explains the principle of imputation and excuses in the case of high-voltage electric shock damage.Among them,the Tort Liability Law is an important basis for standardizing cases of personal injury caused by high-voltage electric shock.Article 73 puts forward the concept of "operator",but with reference to the full text,it does not make the connotation and extension of "operator" more specific.And a directional understanding.As a result,people's understanding of the "operator" is inconsistent.It is the owner of the power line equipment or the actual controller,and there is a difference in understanding.Based on this,the author conducts an in-depth discussion of its concept.Through analysis and comparison,it is believed that the concept of "operator" should be deeply explored from different angles,which is not completely equivalent to the owner of power facilities.Under normal circumstances,it is determined whether the party is liable for the legality of whether the party has violated the legal prohibition.However,in the case of damage caused by high-voltage electric shock discussed in this article,since the high pressure belongs to the high risk that the average person cannot control,the liability level is introduced as the liability principle.In addition to the fact that the party involved in the damage is deliberately and irresistible in the relevant legal scope,it is excused.If the party has other illegal acts such as theft of electric energy or damage to electrical equipment,whether it can become a duty of exemption for high-voltage electric shock damage requires careful research and further clarification.In summary,this paper discusses the practice of high-voltage electro-optical tort liability,analyzes the subject of responsibility,the principle of liability,the exemption,and the application of the law after the abolition of relevant judicial interpretation,and explores the general practice of relevant practice through case analysis.
Keywords/Search Tags:High voltage, electric shock, Compensation for personal injury, operator, liability without fault
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