天线宝宝说害怕 -
American tort law of strict liability originated in England, already became the continental law scholars often use of the concept. And has integrated into European countries tort law imputation principle system. In recent years, strict liability applicable scope are increasing tendency. Strict liability is based on security breach of the absolute duty, although most people already fulfill the fittest cautious attention, but as to his behavior is liable for damage done by. The defense of strict liability is very limited, reasonable care is not among them. Strict liability most often apply to abnormally dangerous activity or product liability cases.
The essential characteristics of strict liability
(a) strict liability of the fault sex
Strict liability is undoubtedly following the fault liability which occurred after new milestone. It is the advent of make the fault factors is no longer determine the ultimate basis person responsibility, and this helps to protect the innocent victim and disadvantaged groups.
(2) strict liability risk
Overview of tort law, countries with strict liability unavoidable risk relates in together. Continental law system country Germany say strict liability for dangerous responsibility. Some scholars will will risk liability and the common law of strict liability equivalent. In France also in dangerous activity as use strict liability foundation. [20] but actually tort law, strict liability except applicable to animal causes infringement, workers" compensation, product liability etc, in most cases is also beyond applies abnormally dangerous activity of damage.
(3) strict liability fixation sex
In fault liability tort party to produce a damage, should be liable for compensation because behavior person has moral can accuse sex. But strict liability actor no-fault, should remain liable for compensation, the imputation sex basis intriguing. And the 20th century"s most influential one of western jurist pound from maintaining social general safety obligations set out, demonstrates the rationality of strict liability. He thought from the late nineteenth century begins, legal focuses on social interests rather than individual interests protection.
(4) strict liability of causality
Due to the fault in fault liability is finally decided to constitute elements, it is to decide whether the key fault liability was established. In strict liability constituents, don"t consider injures fault or. Therefore, causal relationship with more important sense, it is strict liability element of the final requirement. In strict liability only causality and damage two elements, namely the plaintiff only through the proe causality and damage of the two factors can get relief.
(5) strict liability on the burden of proof inverted sex
Strict liability is based on the safety of absolute duty breach, no matter whether the defendant fulfill the duty of care of the most careful, as long as the damage occurred shall assume responsibility, such as the defendant can"t put forward reasonable justifications (and justifications quite limited), it cannot be exempted from liability, namely the plaintiff"s burden partly transferred to the defendant body, the plaintiff simply just causality and by damage burden has sufficient.
(6) strict liability of defense limited sex
1, due to a third party behavior, animal behavior and natural forces caused the damage cannot become defenses.
2, the victim fault can be used as a defense against the reason.
3, aggrieved person, content and animal anomaly sensitivity as justifications.
4 and perform the public responsibility can serve as justifications.
The analysis of strict liability
(a) practicality: American tort law rooted in the soil of pragmatism, upholds the artificial center, advocates understanding and the experience is inseparable, emphasize the integration of theory with practice. On the basis of the case -law system is a judge empirical wisdom and logical reasoning union product. Comes case law of strict liability after change the applicable range and the increasing this fact itself proves the rules have vitality and practicability.
(2) transcendence: whether scholars with strict liability equivalent to what responsibility opinions vary, but undoubtedly, which transcends the French law "fault-presuming liability" and German law "dangerous responsibility", and brushed with abstract insight, and logical supply of continental law tort law theory system barriers, let the centralization of imputation principle system to systematically normalize or diversification imputation principle system development, thus the world legislation has far-reaching influence.
(3) justice: strict liability emphasize behavior and the victim to gain the balance, reflected the protective weak instead of the equal protection of the new ideas, and thereby realizes the substantial justice. This point in product liability and workers" compensation field especially appear prominent.
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北有云溪 -
American tort law of strict liability from the United Kingdom, has now become the mainland legal scholars often use the concept. European countries have been integrated into the principles of tort law system of Liability. In recent years, the scope of strict liability for the widening trend. Strict liability is based on the absolute obligation of security breach, although when it is done to the most careful of people"s attention, but any damage caused by their actions and take responsibility. Defense against strict liability is very limited, reasonable care not among them. Strict liability for abnormally dangerous most frequent activity or product liability cases.
The essential characteristics of strict liability
(A) the fault of the non-strict liability
Strict liability is undoubtedly the responsibility of following the fault which occurred after a new milestone. It is the advent of the fault is to determine the factors responsible is no longer the ultimate basis for liability, which is conducive to protecting the innocent victims and vulnerable groups.
(B) the risk of strict liability
Looking at national tort law, strict liability and risk are inevitably linked. German civil law countries, said strict liability for hazardous duty. Some scholars would risk liability and strict liability common law equivalent. Similarly in France the use of a dangerous activity as the basis of strict liability. [20] but in fact Anglo-American tort law, strict liability apply to animals in addition to causing the infringement, workers compensation, product liability, the most unusual is for harm caused by hazardous activities.
(C) Strict Liability of
Offenders in their fault liability for damage arising in, the reason is because the liability of the perpetrator can be a moral disapproval of. However, the perpetrator of strict liability without fault, will still be liable, the attribution of the basis for intriguing. The western half of the 20th century"s most influential jurists of Pond from the maintenance of social security obligations generally off, demonstrates the rationality of strict liability. He believes that since the late 19th century, the legal interests of the community rather than focus on the protection of personal interests.
(D) strict liability causality
Responsibility for the fault is the fault element of the final decision is to determine whether the establishment of the key fault liability. In the composition of the elements of strict liability, regardless of whether the offender"s fault. Therefore, the causal relationship has more significance, it is the ultimate constituent elements of strict liability element. Strict liability in the causation and damage are only two elements, namely, proof of causation by the plaintiff as long as the damage to these two factors and can get relief.
(E) of strict liability Juzhengdaozhi
Strict liability is based on the absolute security breach of its obligations, regardless of whether the defendant to do the duty of care to the most cautious, as long as it should be responsible for the damage occurred, if the defendant can not be reasonable to defense (and defense is very limited), you can not remove responsibility, that is part of the plaintiff"s burden of proof shifted to the defendant, the plaintiff only to prove causation and damage had been sufficient.
(F) defense of strict liability in the Restrictive
1, the third behavior, animal behavior and the forces of nature cause damage can not be the defenses.
2, the victim can not be the fault of defense.
3, the victims of people, things and animals, abnormal sensitivity can be used as defense.
4, the performance of public duties as defense.
Comment on the strict liability
(A) availability: American tort law is rooted in the philosophy of pragmatism in the soil, advocating people-centered, knowledge and human experience claims can not be separated, emphasizing the unity of theory and practice. On this basis, the case law system is the empirical wisdom of judges and logical reasoning with the product. The strict liability from the case law through evolution, widening the scope of its application, this fact itself proves the rule dynamic and practical.
(B) Transcendence: whether scholars have the responsibility of strict liability is equivalent to what different opinions, but no doubt that it goes beyond the French law "presumption of fault liability" and the German law, "dangerous duty," and broke through to abstract known for speculative and logically coherent system of civil law tort theory of barriers to a unified system to a dual responsibility principle or the principle of diversity attributable to system development, and thus the world had a profound influence legislation.
(C) justice: perpetrators and victims of strict liability emphasized to achieve a balance of interests, reflecting the protection of the weak instead of the new concept of equal protection, and to achieve substantial justice. This is in the field of product liability and workers compensation in particular stands out.
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