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On Traffic Accident Liability

Posted on:2004-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y P QuFull Text:PDF
GTID:2156360122970169Subject:Law
Abstract/Summary:PDF Full Text Request
This thesis, relying on the traffic accident process as well as focusing on the connotation of confirmation of liability, states the concept of road traffic accident liability and its relationship with legal liability in chapter one. In chapter two, the author states specific identification of traffic accident liability, analyses qualitatively the cause of the traffic accident and analyses quantitatively the acting force of the traffic accident effect caused by its cause. In chapter three, the author demonstrates the ground for elimination of liability of person held responsible, that is, the person held traffic accident liability doesn't bear public law liability because of unexpected possibility, unpredictable aggravated effect and negligent legal defense. The person held traffic accident liability doesn't bear private law liability because of executing duty. Thereby, the author further clarifies the distinction between traffic accident liability and legal liability.Through demonstration, this thesis clarifies theoretically and practically the vague understanding that equates directly traffic accident liability with liability of civil compensation for damage, responsibility for administrative malfeasances and criminal liability. Thus, it reveals the relationship between traffic accident liability and legal liability. That is, traffic accident liability is not legal liability. It is a kind of expert conclusion with which other relative state organs are provided for identifying legal liability (criminal liability, administrative liability and civil liability).
Keywords/Search Tags:traffic accident liability, confirmation of liability, legal liability, the ground for elimination
PDF Full Text Request
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