From the theory of changes in the principle of liability for infringement, the constitution of danger

Author: Qiu Chongzhi
Publisher:
Publish Date: 2006-04-21
Features: From the perspective of the principle of liability, the current "Civil Code" on torts can be said to be based on the theory of monistic fault liability. This is to assert that a person must have a legally attributable fault in their subjective state before they bear liability for damages caused by their actions. Otherwise, even if there is a fact of harming others and the nature of the infringement is unlawful, there is no liability for damages. Additionally, in terms of academic methodology, the following stance is adopted: an unlimited expansion of the concept of fault, even including the principle of liability without fault under the form of fault liability. This mode of thinking was almost considered self-evident in the early days of the current "Civil Code" and is still the common view adopted by academic theories and judicial precedents in various countries (regions). The content of this thesis can be divided into two parts: one is the study of the principle of hazardous liability, and the other is the study of the change and reconstruction of the principle of liability. Theoretically, these two parts are interrelated, as the principle of hazardous liability is the cause of the change and reconstruction of the principle of liability, while the latter is the result of the former's development; logistically, they have a mutually dependent relationship. This thesis focuses on the study of hazardous liability legislation as the basis for researching the reconstruction of the principle of liability. Regarding the principle of fault liability, it is recognized, as in traditional theory, that it still has a high degree of "normative appropriateness" in handling the field of damages to citizens' life and property rights, and only on this assumption is it observed that over the past century, the principle of fault liability has made changes in its theory to adapt to hazardous activities.