高压电力经营者认定法律拷辨

Legal Debate on the Identification of High Voltage Electric Operator

现行立法未界定高压经营者却规定高压经营者侵权责任,司法实践对高压电力经营者认定标准不一。《供电营业规则》未明确电力设施产权分界点的维护责任主体。为促进类案同判与司法公平,建议以电力设施产权为高压电力经营者认定标准,从法律层面界定高压电力经营者。

The current legislations do not define high pressure operator, but stipulate its tort liability. The judicial practices have different standards towards high voltage electric operator. Electric power supply business rules are not clear on the mainten- ance liability subject of power facilities property separation. In order to promote consistent judgments to similar cases and judicial fairness, this paper recommends the property rights of electric power facilities as standards for the definition ofhigh voltage electric operator from legislation.