论供电企业与电力用户电击损害民事责任

高压电击损害案件在我国城乡频繁发生,严重损害和威胁着人民生命与财产安全。我国现行有关电击损害赔偿责任的法律规定缺乏明确性,司法实践中仅以电力设施产权为标准确定责任人的做法不合理。因此,有必要认定电力高度危险作业的标准和划分供电企业与高压电用户各自承担损害赔偿责任的范围和理由。供电企业和电力用户在"中间区域"应实行共管和承担连带责任。

An Argument on the Civil Liability from Electric Injury between Power Supplying Corporations and Power Consumers

Electric injuring accidents caused by the high-tension power network, which severely impair and imperil the safety of life and property take place frequently in the urban and rural areas. The writer believes that the present regulations on the compensation of electric damage are devoid of the necessary definitude. In judicatory practice, the modus operandi, that ascertain the obligator who is liable for the electric damage is not reasonable. The text construes the standard by which the electric high-risk operation is cognized and expatiates the separate range that the power supplying corporation and the high-tension power consumers ought to bear responsibility. The author brings forward the point of view that the power supplying corporation and the power consumers should take care of the electric power in the "intermediate zone " together and are held responsibility for electric damage .