地下挖掘致害责任探析-法学专业论文.docx

1 1 2 2 Abstract In recent years, with the damage caused by underground excavation behavior increasing, underground excavation behavior has been a serious threat to life and property safety of the populace. To reinforce the responsibility of operators engaged in underground excavation behavior Tort Liability Act specifically in the aspect of high-risk liability, provides for a new type of high-risk operations, namely the underground excavation liability. In this paper, researches and discussions based on the relevant literature on underground excavation of injuring responsibility are a must to present my own views and provide some reference for the system of underground excavation infringement liability system. The first part is the definition of the underground excavation behavior. Because the current Tort Liability Act of China does not make a clear definition of the behavior and main body responsibility of the underground excavation, the first part begins with the analysis of the meaning and methods of underground excavation project in engineering and points out that the behavior of underground excavation to be discussed in this article refers to construction activities of underground engineering, namely highly dangerous construction activities: tunneling mine in a non-open-air environment, building adits, digging tunnels and building subway. Then this part make a clear definition on the main responsibility for underground excavation and it is only limited to the construction unit. The second part lays the legal basis on the reasons why underground excavation behavior constitutes the high-risk operations. Because China did not give a clear criterion of the high-risk operations, this chapter based on the investigation of that on comparative law, proposes the standard of high-risk job in this paper: the high degree of risk of the operations itself and the surrounding environment and the difficult controllability of the damage. As a result, this paper can prove that