General Terms And Conditions Of High-risk Liability

General terms and conditions of high-risk liability is highly abstract and general,which lead to less feasibilities of definition of application scope, specific responsibility of the compensator, reason of mitigation or exemption and limits of liability, as well as great difficulties in judge’s practice. And, the author hopes that by combing general terms and conditions of high-risk liability, discriminating relevant legal terms and discussing judicial application needed to solve the basic problem, we can study application of high-risk liability’s general terms and conditions tentatively, which benefits judicial practices and relevant theory researches. The main work of this thesis shows as follows.First of all, the first part combs domestic and foreign research status of the general terms and conditions of liability for high-risk liability, as well as makes clear the focus of dispute. And constitutive requirements, relief reason and limitation of liability should be researched and discussed with more focus.Then, the second part discusses the scope of application of high-risk liability’s general terms and conditions. And the scope of general terms and conditions only apply to damage caused by high-risk liability, but not damage caused by highly dangerous goods. In order to define the applicable scope of the general terms and conditions, the author discuss respectively from connotation of work and connotation of the high risk.As in this part, six factors of connotation of work is discussed, and connotation of the high risk is expounded from the legal value orientation.Next, reasons of mitigation or exemption of high-risk liability’s general terms and conditions are discussed from victim intentionally, force majeure and emphatically discusses. And the victim intentionally is approved by most scholars, but force majeure and emphatically discusses are controversial in the academic field. The author thinksthat this should not be all approved or all denied, but should be applied by analogy according to article 70 to article 73 of “Tort liability law”, not applied in no similar case.Finally, based on above analysis, the author discusses the liability limit and applicable situation of general terms and conditions in this part. And in order to fully protect the interests of the victim, the author claims the general terms and conditions of high-risk liability should carry out full compensation.