2010•Journal of Shaoguan UniversityRequires access

An Analysis of Article 7 of Tort Law

Honghua Liu

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Abstract

Neither no-fault theory nor strict liability theory can make a reasonable and convincing explain to Article 7 of Tort Law.No-fault theory has the deficiency of logical contradiction in definition.Strict liability is a non-theoretical simple summarization and it is incompatible to Chinese tort law.Article 7 should be interpreted as the general rule which includes danger liability,infection liability and all kinds of other liability besides fault.Danger liability makes danger as the imputation basis,and exchanges compensation liability for the legitimacy of taking especially dangerous activities.Infection liability makes special joint legal relations as the imputation basis and assumes liability for others.

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Neither no-fault theory nor strict liability theory can make a reasonable and convincing explain to Article 7 of Tort Law.No-fault theory has the deficiency of logical contradiction in definition.Strict liability is a non-theoretical simple summarization and it is incompatible to Chinese tort law.Article 7 should be interpreted as the general rule which includes danger liability,infection liability and all kinds of other liability besides fault.Danger liability makes danger as the imputation basis,and exchanges compensation liability for the legitimacy of taking especially dangerous activities.Infection liability makes special joint legal relations as the imputation basis and assumes liability for others.

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Available abstract

Neither no-fault theory nor strict liability theory can make a reasonable and convincing explain to Article 7 of Tort Law.No-fault theory has the deficiency of logical contradiction in definition.Strict liability is a non-theoretical simple summarization and it is incompatible to Chinese tort law.Article 7 should be interpreted as the general rule which includes danger liability,infection liability and all kinds of other liability besides fault.Danger liability makes danger as the imputation basis,and exchanges compensation liability for the legitimacy of taking especially dangerous activities.Infection liability makes special joint legal relations as the imputation basis and assumes liability for others.

Key concepts: Strict liability, Tort, Joint and several liability, Delict, Liability, Legal liability, Mens rea, Law and economics

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