危险责任制度研究.pdf

is dangerous in general liability applies only to violations specific to the type of industrial society. The second part ,the development of risk responsibility. Is generally believed that marked the beginning of no-fault liability in Roman law, such as the Roman law of the animal to cause damage to the implementation of no-fault liability, but in fact the traditional and the modern no-fault tort liability is not equivalent to the risk of treatment, comparative law, the right the traditional presumption of specific violations are a large number of fault. In the civil law, the first beginning of industrialization in France, Germany, in developing the occasion of the Civil Code, still in the free capitalist stage, the principle of fault liability the highest standards of social development was in response to the new challenges posed by the French, through case re - explain the French Civil Code, section 1383 created a no bio-responsibility to implement the terms outlined model, its scope expanded. In Germany, the risk of main responsibilities are the development through a special law, this two-track system specification model, the one hand, upholding the principle of fault in tort law, the basic position, without prejudice to the creation of a new and dangerous duty to adapt to the new development, but This also led to the special law in dangerous areas of responsibility, the proliferation of conflicts have arisen. In the Anglo-American law, liability risks through the establishment of new precedents set by the judge can be developed. The third part, the theoretical basis for the risk of liability. Certain legal systems are built on the basis of certain social thought. This section examines the major risk of imputation doctrine, the loss-sha