Highly Dangerous Liability Interpretation

In December 2009,the People's Republic of China "Tort liability Act" provides high risk liability.A high risk liability system was established with nine articles.Article 69 has been called the general terms of high risk liability,with the function of inclusiveness,openness and legal interpretation.The judge can explain it to adapt to the development of science and technology,to meet the needs of regulating the emergence of new types of high risk.However,the openness and the certainty of law is a contradiction.In practice,because of misunderstanding the normative intention,value orientation,connotation and extrapolation of highly dangerous liability,often improperly apply the high risk liability.Specific performance as:expanding the scope of high risk liability,the applicable standards are not unified,one-sided application of highly risk.In addition,in the situation of applying high risk liability,there are also some problems.For example,wrongly identify the subject of responsibility,a large difference exists in the standard of compensation for limits.The root cause is unclearly defining the core concept of high risk liability-"high risk".The thesis use comparative analysis,empirical analysis and other research methods to analyze the historical evolution,the value orientation and the trend of legislation abroad of high risk liability,to explain the high risk liability,to clarify the meaning of "high risk".The article is composed of three parts:introduction,main body and conclusion.The main body includes four chapters.Chapter I is the historical evolution and the value orientation of the high risk liability.This part introduce the forming process of liability of danger in various countries,the value orientation of high risk liability,and the legal basis of high risk liability.It put forward the purpose of high risk liability is to realize the distributive justice.Chapter II is the basic content and some problems of high risk liability in our country.First of all,this part introduce the criterion of liability and constitutive requirement of high risk liability.Secondly,the author analyze some controversial views of the high risk liability and puts forward the existing problems in the application of high risk liability,including the scope is confused,the responsible subject is not clear and the scope of compensation limit is narrow.Chapter III puts forward the connotation of "high risk"in high risk liability,including essential and non essential elements.The essential elements contains the uncontrolled character,unusual standard,seriousness of damage or high probability.The non essential elements includes the place,the established standards and the social value of the dangerous behaviorChapter IV introduce external boundary of the high risk liability,including product liability,liability for violation of security obligations,environmental pollution liability and liability for damage caused by objects.This part indicate distinction between these types of liability and highrisk liability,in order to avoid improperly applying the high risk liability.The conclusion summarizes the above.In the process of defining the high risk liability,we should take the "high risk"as the premise to determine the high risk liability,and use the external boundary to exclude the application of similar tort liability...