Tort Liability Of Damage To Another Person By Ultrahazardous Operation

With the development of modern industry, such as nuclear generation,industrial blasting, transport of electricity and other activities become essential for economy。These activities are so dangerous to the surrounding that we can not avoid accidents through very prudent measures, once the damage occurs, there is no reasonable way to solve the problem based on the theory of traditional fault principle, in this case, dangerous liability produced。It has become an important part in most countries, one of the highlights of Tort Liability Law is that Article 73 of Chapter IX provides tort liability of damage to another person by urltrahazardous operation。This paper attempts to discuss the connection of content of urltrahazardous operation with the legislative regulations and judicial surroudings of our country, to clearly describe the tort liability of urltrahazardous operation, to improve the legislation and judicial application, and more adaptable to the times。The first part, separately analysize the typical countries:France, Germany, Britain and the United States and does some comparison among them. All these researches are valuable to Chinese legislation and judiciary。The second part is about provisions and features of tort liability of damage to another person by urltrahazardous operation。The stages about the history of tort liability of damage by urltrahazardous operation are establishment, development and constantly improvement。It established relatively late, but developed fast, especially the appearance of Tort Liability Law, which follows the world main stream。The second part emphasizes the Chinese characteristics of the tort liability of damage to another person by urltrahazardous operation; The supreme people's court judicial interpretation institution and case institution are very important to the explanation of tort liability of damage by ultrahazardous operation。 The third part is the requirements of tort liability of damage to ultrahazardous operation。Beginning with the imputation principle, secondly we analysize three requirements:one is the urltrahazardous operation behavior, which is the premise of the liability; second is the facts of damage, no damage, no compensation, damage is the starting point to seek the judicial compensation; the last is the causation between the behavior and damage。The forth part is about the responsibility and the reason of relief. The responsibility is key point, by which the responsibility subject and responsibility mode are determined。Secondly, through some typical cases, we analysize the force majeure, the intention and negligence of victim as deductions and exemptions in specific circumstances。...