Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2023, Vol. 25 ›› Issue (1): 84-91.DOI: 10.11885/j.issn.1674-5094.2022.05.06.05
• POLITICS AND LAW • Previous Articles Next Articles
ZHOU Fengao, Li Yi
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Published:
Abstract: According to Article 1240 of the Civil Code, if it can be proven that the damage is intentionally caused by the victim or the victim is grossly negligent for the occurrence of the damage in a high-voltage electric shock infringement case, the liability of the operator of the high-voltage electric facility may be exempted or mitigated. Among the reasons for exempting high-voltage facility operators from the liability, the victim's intention includes direct intentional and indirect intentional. But in practice, there are no uniformed criteria for victim intention identification, or for determining whether the victim constitutes an intention, or for identifying the boundary between the victim's intention and negligence. We hold that victim intention cannot be determined only on ground that the victim has committed an illegal act. The degree of victim fault should only be judged according to the level of the breach of duty of care within the scope of the victim's fault unless there are special reasons. The victim's premeditated self-injury or suicide, ignoring obvious warnings and others' dissuasion should be considered victim intention.
Key words: high voltage electric shock, fault, direct intention, indirect intention, gross negligence
CLC Number:
DF526
ZHOU Fengao, Li Yi. the Fault of Victims in High Voltage Electric Shock Infringement Cases[J]. Journal of Southwest Petroleum University(Social Sciences Edition), 2023, 25(1): 84-91.
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URL: http://journal15.magtechjournal.com/Jwk_xnsk/EN/10.11885/j.issn.1674-5094.2022.05.06.05
http://journal15.magtechjournal.com/Jwk_xnsk/EN/Y2023/V25/I1/84