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Research On Liability For Tort In Traffic Accident

Posted on:2012-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XingFull Text:PDF
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With the development of China's economy, the overwhelming force of the road transportation in cities gradually becomes a serious problem and the trend of the traffic accident increases year by year. The number of law cases about compensation of body damages in the traffic accident was 459157 in the law cases completed by all different levels of the court in 2009. As we can see, the traffic accident affects not only the development of the national economy, but also the construction of the harmonious society. For the whole nation, the convenience of the transportation will give more opportunities for the development of the economy on one hand. On the other hand, frequently occurring traffic accident will bring many disharmony factors to the entire society. For common people, traffic is closely linked to their daily life and it is one of the indispensable parts of our daily life. Compared with the liability for tort, the duty of road traffic is multiple and complexity. It (?)ith special reason and occasional reason and dominated by other factors, at the same time, it is the complex researching topic in people's life."Tort liability law of People's Republic of China" was got through on December 26th, 2009, acted from July 1st,2010. The law plays a framework role in the law system of socialism of Chinese characteristics and it related with vital interests with the citizens. The law took consideration with the national conditions, and set the duty of traffic accident in a special chapter. For the basic regime regulated "The law on road traffic safety", it was made more detailed and perfect. As we can see, the relationship of the two laws lies in mutual complementation. "The law on road traffic safety" provides specific regulations in details for relative traffic accidents. However, "Tort liability law of People's Republic of China" only regulates the main part of the road traffic accident responsibility and the 'runaway' of the traffic accident under some unstated separation of the users and owners. Thus, the purpose of this thesis is to settle the issue about the liability for tort in road traffic accidents through the two laws mentioned above.The first chapter is the overview of Road Traffic Tort Liability System. Firstly t(?) author would summarize the concept of road traffic tort liability. Compared the features' description of road traffic tort liability with other concepts, the essay is trying to understand traffic tort liability system. Then again the author would generalize the development of tort liability system in China into four typical legal norms, trying to find the development tracks of road traffic tort liability system in our country in the progress of legal norms.The second chapter is about the criterion of liability and its key Components. The criterion of liability is one of the most important parts in Tort Liability. The author would conduct comparative study of the principles regarding road traffic tort liability. And the author would also give original views on Tort Liability Road Traffic Accident Liability Principle. Elements in tort liability accidents, and reasons for defenses are also the focus of this system, especially in the constituent elements, the theorists still have some controversy.In the third chapter, based on the relevant provisions 'Road Traffic Safety Law' and 'Tort Liability Act', the author would evaluate the issues regarding the subjects of road traffic accidents bearing the tort liability system. Compared to the two legal norms above, we can see the aspects in which our related systems need to be improved.In Chapter four, in support of the first three chapters, it is about the evaluation of the Road Traffic Tort liability system, as well as the improving measures of perfecting the system. The author makes a conclusion of the defect of Road Traffic Liability System as the sweeping principle of subject, the unclear standard of the party who is no-fault. Accountability standards are not clear, the lack of handling mechanisms of traffic accidents in four areas. And actively, the author would make an effect to seek solutions in the four areas.
Keywords/Search Tags:road traffic accidents, the liability for tort, criterion of liability, liability subject
PDF Full Text Request
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