JOURNAL OF JIANGHAN UNIVERSITY (Social Science Edition) ›› 2012, Vol. 29 ›› Issue (2): 59-64.

• Orignal Article • Previous Articles     Next Articles

On Standard of Liability Without Fault in the Legislation of Tort Liability Law

WU Yi-di1, FANG Li-wei2   

  1. 1. College of Civilian, Commercial and Economic Law, China University of Political Science and Law,Beijing 100051,China;
    2. Law School, Shandong University, Jinan, 250100, Shandong,China
  • Received:2011-10-17 Online:2012-04-30 Published:2013-10-24

Abstract: The interpretation of Seventh Clause of Tort Liability Law on liability without fault is: “When actor offends other’s civilian’s right, whether the actor is with or without fault, law putting forward to bearing tortuous liability shall prevail.” Some people consider that the interpretation not only reflects connotation of liability without fault, but also solves the dilemma in understanding “liability without fault, and problems of constructing elements of principle about liability without fault. The product liability in the fifth Provision, liability of environment pollution in the eighth provision, highly dangerous liability in the ninth provision and the damage liability caused by raising animals stimulated by Tort Liability Law are suitable in using special tort of liability without fault.

Key words: liability without fault, special tort, criterion of liability

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