From the theory of changing principles of liability for infringement to the constitution of hazardous liability

Author: Qiu Chongzhi
Publisher:
Publish Date: 2006-04-01
Features: The content of this book can be divided into two parts: the first part is a study of the principle of hazardous liability, and the second part is a study of the changes and reconstruction of the principle of liability attribution. Theoretically, they are interrelated, where the principle of hazardous liability is the cause of the changes and reconstruction of the principle of liability attribution, and the latter is the result of the former's development; logically, they have a mutually dependent relationship. This book focuses on the study of hazardous liability law and serves as the basis for researching the reconstruction of the principle of liability attribution. Regarding the doctrine of negligence liability, it adheres to the traditional theory that it still possesses a high degree of "normative appropriateness" in handling damages to citizens' rights and interests in daily life, and only on this assumption does it observe the changes made to the theory of negligence liability over the past century to adapt to hazardous activities. This book is intended for law students and researchers in related fields. From the perspective of the principle of liability, the current "Civil Code" on torts can be said to be based on the monism of negligence liability, which asserts that a person must have a blameworthy fault in their subjective state to 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. Additionally, in terms of academic methodology, it adopts the following stance: regarding the concept of negligence, it expands it without restriction, even encompassing the principle of liability without fault under the form of negligence liability. This mode of thinking was almost considered self-evident in the early days of the current "Civil Code" and remains the common view in the academic and case law of various countries (regions) today. The content of this paper can be divided into two parts: the first is a study of the principle of hazardous liability, and the second is a study of the changes and reconstruction of the principle of liability attribution. Theoretically, they are interrelated, where the principle of hazardous liability is the cause of the changes and reconstruction of the principle of liability attribution, and the latter is the result of the former's development; logically, they have a mutually dependent relationship. This paper focuses on the study of hazardous liability law and serves as the basis for researching the reconstruction of the principle of liability attribution. Regarding the doctrine of negligence liability, it adheres to the traditional theory that it still possesses a high degree of "normative appropriateness" in handling damages to citizens' rights and interests in daily life, and only on this assumption does it observe the changes made to the theory of negligence liability over the past century to adapt to hazardous activities.