Research On The Tort Liability Of The Third Party In The Harm Damage Caused By High Voltage

In judicial practice,there are great differences in the identification of tort liability of the third party in the harm caused by high voltage and many unreasonable reasons,which are as follows: One is the damage caused by the high voltage as a kind of highly dangerous activities,"tort liability law" the 73 th did not ground will be the third person ACTS as the legal relief,60 of the electric power law,however,would it as an independent liability for the tort liability law article 28 also prescribed by the general part,the third person act ground of relief,and thus to the third person whether can exist as a ground of high voltage accident relief on the law applicable to the plight of existing at the same time for most people to the rules of tort system is not clear to solve the third person and the high voltage operator liability form.The influence of third party behavior intervention is mainly reflected in these two aspects.First of all,the behavior of the third party cannot be regarded as the exemption of high-voltage operators.On the one hand,the third person behavior intervention is operator responsibility constitute the causal relationship between elements,due to the damage caused by a third person’s behavior is implemented through the hazards of high voltage,and the third person’s tort with operator’s behavior with blame form a whole,so the third person behavior did not interrupt the operator the causal relationship between damage and the operator could not escape.On the other hand,through the comprehensive investigation of different theories and regulations and policies,high-voltage voltage,as a highly dangerous source,should be treated with high risks for its high returns.Only when the operator takes external responsibility can the risk be dispersed to the greatest extent,which is conducive to improving the enthusiasm of preventing damage.Secondly,the third party’s behavior mainly depends on the difference between the risk liability and the ultimate liability.The allocation of risk liability mainly depends on whether the actions of several infringer form a whole with reprovability,while the allocation of ultimate liability mainly depends on the degree of the causal force of the actions on the damage.The third party’s involvement in the high-voltage accident infringement can be divided into two types: one is the third party’s behavior is the whole cause of the damage,the other is the third party’s behavior is part of the cause of the damage.When the third party is the complete material cause of the damage,the third party and the operator are jointly and severally liable at the risk liability level,and the third party shall be fully liable at the ultimate liability level(that is,the form of false joint and several liability).When the third party is a part of the cause of the damage,the third party and the operator shall be jointly and severally liable for the damage caused by the third party.