无过错责任原则的适用范围、与相关原则的区别等方面进行探讨(国外英文).docVIP

无过错责任原则的适用范围、与相关原则的区别等方面进行探讨(国外英文资料) Abstract: with the development of society, the emergence of a large number of industrial accidents, environmental pollution accident, the burden of proof to prove that the victim offenders fault is almost impossible, the spirit of the law of justice and care for the weak social stability policy based on the provisions of the succession, no fault liability principle, called the principle of no fault liability, the principle of as special principle. In this paper, the scope of application of the principle of no fault liability and the differences between the relevant principles are discussed. Key words: no fault; principle of responsibility; fairness and justice I. the existence, value and legislative purpose of the principle of no fault liability The principle of no fault liability is the result of the development of modern industry, in late nineteenth Century, with the rapid development of social productivity, increase business risk, only apply the principle of fault liability is not sufficient to protect the personal and property safety, so the principle of no fault liability came into being. Its value orientation is to ensure that victims receive timely and effective compensation in order to achieve fairness. The imputation principle of operation, in the high risk of environmental pollution, animal damage etc. be more far-reaching. The principle of liability without fault has the function of prevention and punishment. In the prevention aspect, can be instructed to shoulder the responsibility to consider more influence on the public and society, take all possible measures to prevent the possibility of damage and risk, make them more cautious and responsible, constantly improve the technology and safety measures, nip in the bud; in the punishment, shall bear the legal obligation stipulated in the civil the liability for compensation cases, punishment effect. Chinas civil legislation to establish the fundamental purpose of the pr