Study On Compensation For Damages Of Tort In Highly Dangerous Operations

Compensation for damages for infringement of highly hazardous operations,It is stipulated in the General Principles of Civil Law of 1987,the Tort Liability Law of2010 and the Civil Code of 2021,The Tort Liability Act 2010 and the Civil Code2021 also clearly regulate the issue of their limited compensation.In 2011,"7.23" Yongwen line especially major railway traffic accident treatment,It breaks through the limitation of high risk operation limit compensation,Without compensation in accordance with the limits set out in article 33 of the Regulations on Emergency Rescue and Investigation and Handling of Railway Traffic Accidents of 2007,Rather,in accordance with the 2004 Supreme Court Judicial Interpretation of Cases of Compensation for Damages,Each victim was fully compensated for about 950000 yuan.Subsequently,the State Council’s Provisions on Amending and Repealing Some Administrative Regulations abolished the railway quota compensation.Changes and adjustments in the judicial application of the limits of compensation for highly hazardous operations,It has aroused people’s concern about whether the limit compensation and how to limit the compensation for tort damages in highly dangerous operations.Article 124 of the Civil Code of our country provides for a clear exception to the limit compensation for highly hazardous operations,This is a breakthrough in the amount of compensation,But there are still shortcomings.After all,highly hazardous operations are complex and diverse,High-risk operations in different fields are responsible for the special needs of their own fields,It needs further explanation and clarity in theoretical research and judicial application;The need to integrate international treaties,the experience of other States,A systematic consideration on the compensation for the limitation of tort damages for highly dangerous operations in China,Conduct field rule design for high risk operation behavior responsibility,The article is studied from the following four parts.The first part starts with the concept,attribute characteristic and behavior type of highly dangerous work behavior,and determines the rationality of the limit compensation system around the legal argumentation of the limit or not of tort damage compensation for highly dangerous work behavior.However,in view of the complexity of the highly dangerous operation behavior,it is advocated to combine the highly dangerous operation behavior in the specific field,to determine whether to implement the quota compensation and how to implement the quota compensation.The second part,combined with typical cases,combs the different legislative provisions and the specific application in judicial practice of all kinds of highly dangerous operations,analyzes the problems existing in the compensation of tort damage limit of highly dangerous operations,and points out that it is difficult to realize the effective relief to the victims under the background of the low compensation limit and the ineffective establishment of the diversified compensation mechanism for damages.We should consider distinguishing different types of tort damage of highly dangerous operations,perfect the applicable rules of tort damage limit compensation of highly dangerous operations from the point of view of field behavior,and make up for the loss of victims better.The third part is the international legislation of limit compensation for highly dangerous operations.By comparing the content of treaties on limitation of damages for high-risk operations,such as the Warsaw Convention,the Montreal Convention and the Paris Convention,and the provisions of the United States,Germany,Japan,Austria and other countries on the limitation of damages for high-risk operations,it is pointed out that the application of the extraterritorial quota compensation system as a whole is decreasing.The Swiss Road Traffic Act of 1975 and the Austrian Nuclear Liability Act of 1999,among others,have eliminated the quota compensation provisions;there are also large gaps in the specific amount of compensation and the sharing of responsibilities among countries,such as the European Union,which,while imposing limits on liability for tort damages,has set up a liability insurance system to better assist the injured subject from the point of view of damage sharing;and the different types of high-risk operation quota compensation system are in line with their own characteristics of conduct.These provide a reference for the improvement of the compensation system for tort damages of highly dangerous operations in China.The fourth part is the perfection of the limit compensation rules for tort damage of highly dangerous operations.First of all,the top-level design of the limit compensation rules for tort damage of highly dangerous operations is carried out.It is suggested that the legislative form of "special law of general law" and "specific rules of general rules" should be adopted in the compensation system of tort damage limit.At the same time,we should further improve the damage sharing mechanism of the limit compensation for highly dangerous operations,follow up and perfect the compulsory insurance system and the damage relief fund,and strengthen the protection of the rights and interests of the victims.In addition,taking the scenarios of nuclear damage,civil aircraft damage,flammable and explosive damage and high-speed rail transport damage as stipulated in the Civil Code,and using the "special law" perspective of field differentiation,the rules are designed to explain the principle of rule design.