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Legal Responsibility Of Crashing By The Upper Air And The Resolving Mechanism Of Its Insurance

Posted on:2009-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:W B ShengFull Text:PDF
GTID:2166360248952354Subject:Law
Abstract/Summary:PDF Full Text Request
How fixing and processing the upper air to crash the abuse of authority,there are different viewpoints in the judicial practical realm and the academic circles. Through analysing its legal principle theory of law,the legal basis as well as the practice processes,the author think to process the case of someone being injured by the object falling down from the upper air through using the abuse of authority law,which is both lack of the theory basis,and has not the power foundation of requesting;and have also analysed law of the continent genealogy of law and case of UK-US law about the aspect,have wanted to absorb their experience,but have returned without accomplishing anything either,so the author draw a conclusion:It is impossible to settle the problem by the law of the abuse ofauthorityo But how can the benefit of the victim be protected in the accident? The author breaks through the mode of the original thought,"either the party causing injury undertakes the liability of compensation,or the victim undertakes the disadvantageous consequence",seeks for one new way,namely business insurance.The author analyses insurance's feasibility as well as the concrete operation,think to use this way to resolve this contradiction,can protects both victim's right and all owner's rights and interests by the time.
Keywords/Search Tags:The object falling down from the upper air, Responsibility of tort, The responsibility undertaked by oneself, Inversion of the burden of proof, Commercial insurance
PDF Full Text Request
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