危险责任的正当性分析

ANALYSIS OF RATIONALITY OF DANGEROUS LIABILITY

危险责任因其适用范围与过错责任不同,而采取了截然不同的归责原则。在危险责任中,加害人承担责任不是因为他有过错而是因为他制造危险。危险归责的正当性来源于其对侵权行为损害分担机制的两大要求的合理实现。

Dangerous liability has a completely different doctrine of liability compard with fault liability by the reason that it accepts completely different doctrine. In dangerous liability system, law imposes liability whenever a defendant engaged in an abnormally dangerous activity rather than he has fault. The justice or reason of the doctrine of dangerous liability also comes from its achievement by the two requirements of losses distributing.