Font Size: a A A

Study On Tort Liability For High Voltage Electric Shock

Posted on:2021-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:W Q DaiFull Text:PDF
GTID:2416330623465673Subject:legal
Abstract/Summary:PDF Full Text Request
When the court heard the case of high-voltage electric shock tort liability,the high-voltage electric shock tort liability subject,the high-voltage electric shock tort liability exemption reason,and the application of Articles 73 and 76 of the Tort Liability Law related issues such as competition and cooperation related to the parties' rights and interests.The stability of social order is closely linked.For the application of law and the different judgments of the same case formed after the Supreme People 's Court abolished the “Electrical Damage Interpretation”,necessary measures must be taken to fill in and propose specific methods of law application.This correctly identifies the responsible subject for high-voltage electric shock tort liability cases.Reasonable application of exemptions,correct handling of the application of Article 73 and Article 76 of the Tort Liability Law,fair division of responsibilities of all parties,reasonable sharing of the risk of compensation for high-voltage electric shock accidents,and theoretical support for judicial trial practice.Important practical significance and research value.At the same time,clarifying the responsible parties and exemptions for high-voltage electric shock infringement is of far-reaching significance for maintaining fairness and justice,saving judicial resources,and promoting the further development of the rule of law society in China.In many cases of high-voltage electric shock tort liability,issues such as the subject of high-voltage electric shock tort liability and the exemption of high-voltage electric shock tort liability are related to the rights and interests of the parties and the stability of social order.And for the Supreme People's Court to abolish the "Electrical Damage Compensation Interpretation" and the phenomenon of law application disputes and different judgments in the same case,it is necessary to take necessary measures to fill in and propose specific methods of law application.This correctly identifies the subject of liability for high-voltage electric shock tort liability It is of great practical significance and research value to apply the correct attribution principle,divide the responsibilities of all parties fairly,share the compensation risk of high-voltage electric shock accidents reasonably,and provide theoretical supportfor judicial trial practice.At the same time,clarifying the responsible subjects and exemptions for high-voltage electric shock infringement is of far-reaching significance for maintaining fairness and justice,saving judicial resources,and promoting the further development of China's rule of law society.This article is divided into four parts.The first part summarizes the definition of the high-voltage electric shock infringement and the current status of the relevant legal system.It also briefly summarizes the historical role of the Interpretation of Electric Loss.It is questionable whether it is possible to continue to use the content specified in Articles 1 to 3 of the Interpretation of Electricity Loss and related cases before as the reference for trial in judicial practice in the case of high voltage electric shock tort liability.The second part summarizes the significance of guiding the definition of the subject of high-voltage electric shock infringement through the analysis of a typical case and the summary of the four-level court ruling of the case;the third part studies the high-voltage The exemption cause of electric shock tort liability,analyzes the practical dilemma of high voltage shock tort exemption liability,and the liability of third party fault in high voltage electricity damage,and gives suggestions;the fourth part is through the selected five high voltage electric shock infringement Cases with similar liability cases analyzed the situation where articles73 and 76 of the Tort Liability Act were in conflict.In this case,the court is prone to chaos in application of Articles 73 and 76 during the trial.When the "operator" and "manager" are the same subject,articles 73 and 76 of the Tort Liability Law apply.In the case of competition,the author considers that in this case,the provisions of Article 76 can be applied preferentially.This not only protects the victims' possibility of remedy,but also appropriately shares the social pressure of power supply companies,which is in line with "distribution justice".
Keywords/Search Tags:high voltage electric shock, tort liability, subject of liability, exemption, competition
PDF Full Text Request
Related items