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Discussion Of Tort Liability In Road Traffic Accidents

Posted on:2011-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhuFull Text:PDF
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The road traffic accidents are important questions in our country, Tort liability in road traffic accidents is an important part of tort law theory.This article launch the discussion of tort liability in road traffic accidents on the basis of attribution principle.This article is divided into six parts which are step by step.In the introductory, the author tells us the research background of this article, which is the reform and open policy our country has entered the austere situation. Based on this proposed, this article will discuss tort liability in road traffic accidents,also will choose and determine the research mentality and the method.In second chapter, the author focuses on the analysis and explation of the core concepts, such as"road traffic accidents","tort liability in road traffic accidents". After the concept analysis,quetions will be clear, the foundation of the following elaboration is laid.In third chapter, the author introduces the basic theory of tort liability in first.Next, the author aims at the attribution principles and launches the analysis in the comparison and the historical angle. It carries on the comparison between Germany, France, Japan, UK and US stipulation; Since then, it analyzes the historical evolution, obtains the enlightenment from the historical angle.In fourth chapter, the author takes analysis's conclusion as a foundation, and focuses on the attribution principle of tort liability in road traffic accidents in The Law of Peoples Republic of China, including explanation and appraisal. The actical affirmes that present"multi-dimensional attribution principle system"is rationality.It also insistes that"liability without falt"is right in the tort liability in road traffic accidents between motor-driver and others,because there is"orginal sin"of the motor-drivers. At the same time, it points out the deficiencies of working rules of law,including the mixture of personal injury and property damage,the disclaimer subject and fault offset.In fifth chapter, regarding the above question, the article tell us some suggests ,which are necessary stipulation angle to"liability without falt".The anthor wish they could promote development of the theory and the practice.In the conclusion, the author shares some enlighenments in this topic research.
Keywords/Search Tags:road traffic accidents, tort liability, attribution principle, disclaimer subject, fault offset
PDF Full Text Request
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