WANG Bao-min, WANG Yuan-hao. On the Definition Standard for Subject of Responsibility in High Voltage Electric Shock Cases[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES), 2023, 4(5): 78-87. DOI: 10.14092/j.cnki.cn11-3956/c.2023.05.007
Citation: WANG Bao-min, WANG Yuan-hao. On the Definition Standard for Subject of Responsibility in High Voltage Electric Shock Cases[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES), 2023, 4(5): 78-87. DOI: 10.14092/j.cnki.cn11-3956/c.2023.05.007

On the Definition Standard for Subject of Responsibility in High Voltage Electric Shock Cases

  • It has always been a difficult problem in the theoretical and practical fields to define the subject of compensation in the case of injury caused by high-voltage electric shock. From the legislative perspective, there are a lot of conflicts between legal norms of different departments and levels. The analysis from the perspective of the doctrine of choice of law is the result of the judiciary's mechanical interpretation of uncertain concepts such as "operator" and its failure to return to the theory of high risk to explore the essence of "operator". In fact, high voltage electric energy also has conceptual property rights. When a high voltage electric shock accident occurs, the owner of the high voltage electric energy and the owner of the high voltage electric energy carrier should jointly bear the liability of no fault infringement. The production subject, the sales subject and the user of high voltage electric energy can "actually control" the operation of high voltage electric energy. The specific responsibility shall be determined according to the specific form of electric energy trading.
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