Research On The Highly Dangerous Area Damage Liability

The ninth chapter of Tort Law called highly dangerous liability, it stipulates the tort liability caused by the highly dangerous operation damage, adopted the typification legislative technology to categorize the highly dangerous liability, including civilian nuclear damage liability, civil aircraft damage liability, highly dangerous substance damage liability, highly dangerous activity damage liability, but only the article 76 difficult to find the corresponding type of responsibility. There are differences between the article 76 and other articles in the Tort Law, and these different statements result dispute over understanding and application this article in the theory and practice. For which comprehend correctly or not will be directly related to this type of highly dangerous liability on eventually assume reasonablly, whether can ultimately achieve the purpose of legislation, we should pay a high attention. This article has its own special value in the aspect of semantic and systematic and comparative law, and on the subject and the application of this liability is most special. Meanwhile, this liability has a relationship with safety and security obligations, with a simple highly dangerous damage liability or highly dangerous activities damage liability existence differences. So this article in fact established the highly dangerous area damage liability. With the formation of tort liability,this liability apply no-fault liability, theory on the identification of the elements of this tort liability existing defects, it should be carved up three parts: in the highly dangerous area occured the highly dangerous incident, results of damage, causality. Influenced by the theory of comparative negligence and fault liability in tort liability divison, will make the subjects of liability apportion liability more fair and reasonable.