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Infringement of Electric Shock

Author: HouZhiPeng
Tutor: LiHongWu
School: Shandong University
Course: Legal
Keywords: electrocution infringement subjects of infringement type of infringement principles of liabilities
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 63
Quote: 0
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Abstract


Following by the fast development of the power industry, there have been more disputes related to power industry as well, particularly in electrocution infringement cases. There are many discrepancies in applying laws when dealing with those disputes. Among "General Principles of the Civil Law of the People’s Republic of China"(General principles of civil law), "Tort Law", "Electricity Act", "The suggestions regarding applying General Principles of civil law from the Supreme Court" (Trial), "The interpretation about applying laws in hearing cases related to personal damage compensation from the Supreme Court", "The interpretation of the issues regarding personal damage compensation by electrocution from the Supreme Court", "The interpretation of the issues regarding mental damage compensation liabilities in civil infringement cases from the Supreme Court", the enactments regarding personal damage compensation by electrocution are different to each other, for example "principle of liability" and "the coverage of compensation" differ from one to the other. Therefore the judicial decisions are in a variety consequently. There are always different opinions brought up by people regarding handling electrocution infringement cases, however the marjority are discussing the application of laws on a specific case, or to come up with the suggestion about how to apply the laws after summarising the cases. Nevertheless, all these explorations have not been studied systematically and summarised into an overall theory yet. This article is doing research in electrocution infringement cases based on the key consitution of infringement liabilities. It aims to find out whether the social effects of the results of hearing case are helpful in developing a better society, based on the subjects of the cases, the type of infringement, the principles of liabilities, etc. The purpose of the this article is to find a best way to deal with the disputes arising in electrocution infringement cases and realise the harmonious and sustainable development between the power industry and the society. It is a goal to make sure that the legal rights of the citizenship and the infrastructures of the power industry are both protected by law.

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