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《Journal of Yantai University(Philosophy and Social Science Edition)》 2016-01
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The Influence of Dangerous Liability on the Development of Tort Liability Law

GUO Ming-rui;School of Law,Shandong University;School of Law,Yantai University;  
Because dangerous liability realizes fairness and justice through damage distribution,not actors' offense to imputation,the philosophical basis of tort liability law shift from corrective justice to corrective justice and distributive justice,and the imputation principles of it shift from fault liability principle to fault liability and no- fault liability. In the traditional tort liability law,compensation is the principal function. But as for dangerous liability,the primary goal is to prevent the occurance of damage rather than to compensate for the primary target,therefore,prophylactic function is of particularly importance in modern tort liability law. In the risk society full of serious damages,on the one hand,the law also has limitation of compensation to dangerous liability in order to protect the development of industry. On the other hand,victims should be given adequate relief. Consequently,tort liability law,as a relief law,presents a trend of diversification to bring relief to the victims through various channels and ways.
【CateGory Index】: D923
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