Research On Injuring Responsibility Of Underground Excavation

In recent years, with the damage caused by underground excavation behavior increasing, underground excavation behavior has been a serious threat to life and property safety of the populace. To reinforce the responsibility of operators engaged in underground excavation behavior "Tort Liability Act" specifically in the aspect of high-risk liability, provides for a new type of high-risk operations, namely the underground excavation liability. In this paper, researches and discussions based on the relevant literature on underground excavation of injuring responsibility are a must to present my own views and provide some reference for the system of underground excavation infringement liability system.The first part is the definition of the underground excavation behavior. Because the current "Tort Liability Act" of China does not make a clear definition of the behavior and main body responsibility of the underground excavation, the first part begins with the analysis of the meaning and methods of underground excavation project in engineering and points out that the behavior of underground excavation to be discussed in this article refers to construction activities of underground engineering, namely highly dangerous construction activities: tunneling mine in a non-open-air environment, building adits, digging tunnels and building subway. Then this part make a clear definition on the main responsibility for underground excavation and it is only limited to the construction unit.The second part lays the legal basis on the reasons why underground excavation behavior constitutes the high-risk operations. Because China did not give a clear criterion of the high-risk operations, this chapter based on the investigation of that on comparative law, proposes the standard of high-risk job in this paper: the high degree of risk of the operations itself and the surrounding environment and the difficult controllability of the damage. As a result, this paper can prove that underground excavation behavior belongs to high-risk operations.The third part introduces the constitutions of injuring responsibility of underground excavation. The injuring responsibility of underground excavation is a part of high-risk responsibility, so when compared with the general tort, the underground excavation violations must have its special features and also have some influence on the constituent elements. This chapter, combined with the special nature of injuring responsibility of underground excavation, offers the constituent elements of underground excavation liability, for instance,the operators implement underground excavation behavior which causes harm to another and there is a causal link between the infringement and the consequences of the damage.The fourth part concerns the responsibility for the injuring responsibility of underground excavation. This chapter focuses on the responsibility issues for damage caused by the result of the fault of a third party. At the same time, this part puts forward personal views on the injuring responsibilities of underground excavation, including the specific application of force majeure, the victim intentionally and contributory negligence and other defenses.The fifth part is the perfection of victim relief system of underground excavation. Finally, the article analyzes the pros and cons of an executive-led relief mode when processing underground excavation accidents, and recommends the establishment of compulsory liability insurance as well as the introduction of punitive damages system under certain conditions which take responsibility for improving the diversified relief system of underground excavation infringement to strengthen protection of victims.