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The Research Of Road Traffic Accident Disposition Mode And Related Legislative Trend

Posted on:2003-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:X H WuFull Text:PDF
GTID:2156360125970467Subject:Law
Abstract/Summary:PDF Full Text Request
The disposition mode of road traffic accident adopted today was founded at the very beginning of the People's Republic of China, shaped between the 1980s,completely reflected in Road Traffic Accident Disposition Method & Road Traffic Accident Disposition Procedure Regulation. These two regulations have summarized the practical experiences of road traffic accident disposition since the foundation of the P.R.C and formalized the road traffic accident case solution. In the same time the regulations set up the law basis and made a positive effort for road traffic accident disposition. But, as the economic develops continuously, the society also has made a great progress of democracy and legislation, people strengthen their law consciousness time after time. It is obvious that today the regulations and disposition mode which based on duty identification and up to duty treatment principle becomes more and more unsuitable as demanded. Therefore, reform and innovation of traffic accident disposition should be led into all aspects, from point view to institution, theory to practice.Author concludes his experiences accumulated in road traffic accident disposition during the past ten years, led by update legislative trend of the disposition, according to a part of advanced thoughts and methods already adopted in some developed countries, starting from analysis and research on a range of predominant law question refer to nowadays road traffic accident disposition, tries to lay out step by step a new mode of the disposition which is more adaptive to the developing situation and is more reasonable to the developing trend of the legal principle, relative law and law institution.By analyzing mainly on different kind of shortage on current traffic accident duty identification presented by the public security authority, author thinks that the identification attribute is not clear and the method is not precise enough, so traffic accident facts can't be reflected completely. It's lack of science, justice and fairness that this kind of identification is used as main evidence when traffic accident parties are forced to assume the administrative, penal and civil liability. Author ventures an opinion that current duty identification should be instead by the traffic accident cause analysis comes from case investigating conclusion through overall and objective collection of the real traffic accident situation. With the cancellation of principle based on the duty identification, the administrative, penal and civil liability of traffic accident parties should be fixed on the conclusion of accident cause investigation and other evidences by the public security authority and the people's court according to category principles of administrative, penal and civil liability.To make the definition of road traffic accident more scientific and complete, this treatise indicate clearly that traffic violation shouldn't be treated as the constructed fact of road traffic accident while unerring traffic accident should be included into the category of road traffic accident. The extension of the basic concept 'road' should be adjusted in time as the situation goes on.For best reducing the affection to road traffic caused by accidents, author analyze specially on update laws and regulations about traffic accident locale disposition, suggest that nowadays the way of locale disposition adopted by the public security authority for all traffic accidents should be reformed and traffic accident parties should be permitted, encouraged and requested to resolve the disputes by themselves which cause a little property loss or little hurting injuries and remove quickly.To further protect the legal rights and interests of traffic accident parties, author also suggests on changing the current regulations of what the parties can commit a civil suit to the people's court only after the public security authority carry out a mediation for accident damage compensation. The parties should be permitted to make a choice that they apply a mediat...
Keywords/Search Tags:Disposition
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