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The principle of liability for tort liability
Author:admin Time:2017-09-29

1. Principle of fault liability

It refers to the ultimate constituent of the fault as the responsibility. In the case of the infringement of the perpetrator, the perpetrator is responsible for the damage to the other party. Fault liability is the general principle of liability for tort liability. In addition to the special infringement behavior stipulated by the laws and regulations, the general tort is applicable to the principle of liability.

2. Principle of presumption of responsibility

It is to point to the special provision that is based on the law, presumes that the victim is wrong and should be liable for tort, except that the victim can prove that he is not wrong.

The main principle of fault presumption liability is:

(1) accident between motor vehicle and non-motor vehicle driver and pedestrian, the driver of the motor vehicle shall apply the fault presumption;

(2) the buildings, structures or other facilities and put things, hanging objects fall, fall off, buildings, structures or other facilities collapse cause person damage, stacked content cause person damage, apply presumption of fault;

(3) damage caused by the loss of trees and the presumption of fault in the use of the tree owner or manager;

(4) when the animal causes harm to the zoo, the fault presumption of the zoo is applied;

(5) the kindergartens, schools or other institutions of education for failing to exercise the education and management responsibilities in their study, the life has no capacity for civil conduct or with limited capacity for civil conduct by personal injury, education institutions shall bear corresponding responsibility, unless education institutions can prove that it has management responsibilities.

3. No-fault liability principle

Also called strict liability principle, refers to the special rules based on law, the victim can prove that the damage is caused by the behavior of the offender or objects, the offender shall bear civil liability, and regardless of whether there is a subjective fault, unless the offender to legal justifications.

The present law stipulates that the case of liability without fault is mainly caused by:

(1) if the guardian causes injury to the person, the guardian shall assume no fault liability;