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Research on the Function of Strict Liability in Tort Law

Author: WangZuo
Tutor: HuangWenYi
School: Jilin University
Course: Legal Theory
Keywords: Tort Law Strict liability Function
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 266
Quote: 1
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Abstract

The article wants to research the function of strict liability in tort law. For a long time it has been in the history. The strict liability in tort law developed in an unstable regulation.We can briefly introduce the process of strict liability. From the society of ancient tribes to Roman law, from the decline of Roman law to Germanic law, strict liability have been popular twice, when in 19th century, strict liability prevailed in many countries the third time.Human beings have greatly changed since 19th on technology and economic. New types of torts appeared with the transition of society. Tort law, especially strict liability on it were challenged on its function, the function of strict liability changed almost all of itself.For modern society have changed so greatly, the article has two main parts, first, it introduce the history of strict liability during ancient tribes to mid of 19th century. Then the second part introduce and analysis the function of strict liability in modern society, so as to observe the changeable function of strict liability. The article concludes that the function of strict liability has changed greatly, and its function is dying.The article first analyzes the meaning of strict liability. We often use“strict liability”to refer to two meanings, first, it means responsibility. Second, it means an imputation principle of tort liability, with the same concept liability for fault and imputation principle of“fairness”. The method of dividing is base on the theory of“fault”.The article uses“strict liability”as an institution, as a manner of active arrangement. When it comes to practice, strict liability can be used as responsibility, and it can also be used as imputation principle, when deciding the responsibility.In the second part the article analyzes the changeable function of strict liability from ancient to modern time. The function of strict liability in ancient tribes should be penalty, punish the one who break law, threaten not to crime, and prevent illegal action beforehand. It can also promote the efficiency of dispute solving, save the cost and advance social production, keep social stability and protect the security of ancient tribes.When in the Roman law, strict liability has gradually declined, and fault liability prevailed.4th century, Germanic law had main impact on liability. So the article then researches the strict liability in Germanic law.There are many similar functions of strict liability between rule of imputation in ancient age and Germanic law, because of the similarity of life style in both of them. The sole difference between them is that ancient tribes had no country to force the strict liability, strict liability was just custom at that time, but in Germanic law, it first act as custom, but then was forced by country. Except the functions mentioned before, strict liability in tort law can also justify the injustice, which named corrective justice.In the third part the article discusses the functions of strict liability in tort law in modern society. For the development of science and technology, the increasing of social production, the society has changed greatly from 19th century.Frequently environment pollution has happened, industrial accidents made the workers disabled and even dead, the quality of product can not prove to be good, and consumers were often assassinated by the defects of product, especially the intellectual property can be easily offend. Series of problems have appeared during social industrialization.Face to the new case of modern society, the functions of strict liability in tort law changed, some of its old functions changed and even declined. The change should be limitation of dispute solving and difficult of filling up damage.At the same time, some new functions of strict liability come true. It contains the prevention of danger activities, the justice in distributive domain.All in a word, the functions of strict liability have changed so greatly that there are not any similarities on functions between modern society and before.

Research on the Function of Strict Liability in Tort Law

Abstract

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