Liability Without Fault Attributable To The Review Of The Principles Of High-risk Activities

Accompanyed with the quick development of technologies and the significantchanges of modernised industrial means, activities that people take which of greatdanger to others rise fastly, for example , the uses of nuclear power,electricity power,high-speed conveyances.These activities bring great economic benefits to people, butat the same time, accidents which grow up from these activities also rise, and threatenother people's bodys and their properties. In order to correspond between thedevelopment of the whole society and behalf of individuals, based on the theory ofso-called justice of distribution, from neoteric days, legislations of many countrysbrought no-fault liability to the field of high dangerous activities.But the applicationof no-fault liability isn't perfect , the rule has many inconsistencies and problems;andat the same time, the fault liability which developed from a long-term history has itsabundant system merits and also can work well in the face of high dangerousactivities. By using the methods of analysis and comparison, this article reviewed theapplication of no-fault liability, and farther more, explained that fault liability stillshould be the principle in the field of high dangerous activities. In part one, this article has summed up the no-fault liability in the field of highdangerous activities recapitulatively. Mainly to introduce legislations of civil lawcountrys and common law countrys. And also, expatiated the theoretic basis and thecharacteristics of the application of no-fault liability.To review a liability-burden principle, seeing about the worthness and functions oftort law is indispensable. In part two, this article has reviewed the historicdevelopment of the liability-burden principle of tort law and its functions.In part three, this article criticized the no-fault liability from theoretic angle,pointed out the conflicts and problems of it. And also, illuminated the true attitudes ofthe application of no-fault liability in modern countrys.In part four, this article reviewed the self development and reform of fault liability,concluded that victims can get redresses under the principle of fault liability.In part five, from the demonstrating angle, this article discussed the relationshipbetween no-fault liability and fault elements ,the factual choice and the developingtrend in the high dangerous activity field of common law.Part six is the conclusion part of this article, based on the sum-up of foregoing fiveparts, concluded that fault liability still should be the principle in the field of highdangerous activities, but not no-fault liability.And further more, associated with thelaw practices of our country, pointed out that though there's a general rule of no-faultliability in the field of high dangerous activities, law practices haven't obey this rulethoroughly, and there's a trend for fault liability to take instead of no-fault liability tobe the principle. With further studying and sufficient sum-up of practical experiences,the principle of damage compensation will be back to fault liability.