法律英语免费

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 sexStrict 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 riskOverview 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 sexIn 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 causalityDue 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 sexStrict 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 sex1, 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.