Numerical Simulation On Blasting Cavity And Experimental Study Of Grouting For Supporting In Soil

In tort law, liability for Animals is an old and present tort liability type. It is old, because this problem has existed since ancient Rome. It is present, because this problem is still one of the hot spot of academic research. And as the development of the society, many new situations has arisen, make this problem more complex. So a simple rule of law has been difficult to solve and deal with it. It is necessary to distinguish different types of animal damage and enact diversified liability for Animals.The diversified liability for animals refers to the diversity of its constitutive requirements. In particular, it means diversified imputation principal or exemption. From the perspective of different national legislation, the differences of liability for animals are mainly concentrated on imputation principal or exemption. The focus of the scholars’research on liability for animals is the same. So the diversified liability for animals refers to the diversified imputation principal or exemption. It may present diversified imputation principal and exemption, or unified imputation principle but diversified exemption. The reason for diversified liability for animals is that it consistent with the basic value orientation and basic function target of tort law. The basic value orientation and basic function target of tort law make the diversified imputation principal or exemption. At the same time, it is also consistent with differentiation of duty of care. This suggests that, the different kinds of animals can make that the tort law prefers between basic value orientation and basic function target of tort law. It also can make the keepers’ different duty of care. So the diversified liability for animals is based on the kinds of animals. Making a general survey of liability for animals legislation in Anglo-American law system and continental law system, there are two division standards of animals. One is the dangerous of animals, the other is the use of animals. Because the different dangerous and the use of animals can affect the value judgment of tort law.The study of diversified imputation principal and exemption must be based on the division kinds of animals. In the imputation principal, because the liability for animals is a special type of the tort liability law, fault liability can’t be applied. Due to the different dangerous and the use of animals, unified no-fault liability can’t be applied too. The Scientific approach is that, based on the dividing the kinds of animals, fault liability should be applied to Nutztiere and non-dangerous animals. This can make the keeper pay the duty of care and Promote the animal serve for human. And no-fault liability should be applied to Luxustiere and dangerous animals. This can make the keeper take strict liability, thereby discouraging people to raise dangerous and unnecessary animals. For exemption of liability for Animals, it should be diversified whether liability for Animals adopts diversified imputation principle or unified no-fault liability imputation principle. The reason is that diversified imputation principal must require diversified exemption. They are respectively corresponding relations. The second, based on the different dangerous of animals, under the condition of unified imputation principle, the diversified exemption can make the keeper take strict liability, so the keeper will carefully consider whether keeping dangerous animals. Finally, the diversified exemption can overcome moral hazard brought by unified no-fault liability. This can make the keeper pay the duty of care.