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Liability For Tort Of Traffic Accident

Posted on:2005-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
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Traffic accident is the result with the development of modern automobile manufacture industry and traffic transportation industry. Usually the frequent traffic accident cause the physical, healthy, property damage badly. Many country in the world enact special laws for dealing with the serious social problem, and try to establish one set reasonable mechanism in order to reduce the chance of traffic accident, insure the safety and freeness of traffic, ensure the legal right of victim. China also formally promulgate "Safety law of the road traffic" on May.l 2004. Combining the new situation, the thesis briefly research the liability for tort of the traffic accident theoretically and practically, and expect that it conduce to perfect the relative law system, to manage the traffic accident accurately in the future, to promote the safety and freeness of traffic.Liability for tort of traffic accident is that the trespass should assume the legally result, for offending the obligation regulated by law and invading the other people's legal right. Liability for tort is one of the important multi-responsibility that trespass should take in the traffic accident. Traffic accident liability for tort whether traffic accident encroach on legal consequence that people should bear because of encroaching on the legitimate rights and interests of others in obligation to violate legal provisions. The liability for tort is to encroach on one of the multiple responsibility that people should bear in the traffic accident. In the traffic accident, the coincident phenomenon of legal liability is very general, encroach on people besides undertaking the liability for tort, often bear the administrative responsibility or criminal responsibility. Compensation for damage is to encroach on the main way that people bear the liability for tort, in traffic accident compensation for damage, first, should limit the principle of compensation suitably, namely it can only be with having harm of causality to encroach on the behavior to encroach on the harm that people should compensate; Second, should be improving the compensation for damage level constantly, the goal reached in compensation for damage is to hope to let victims able to resume health status before arriving and injuringas much as possible now. Liability for tort system is it fill in system in basic status to damage in traffic accident, it is playing an important role in traffic accident compensation for damage together with the system of the liability insurance, social security system.The liability for tort of the traffic accident is tenable and must possess several composition important documents, first, the actor has implemented the traffic behavior, the traffic behavior causing the traffic accident to implement can already be shown as the conduct, can be shown as and regarded as either; Second, the traffic accident happens, the emergence of the traffic accident is shown as the emergence that is damaged directly, namely the vehicle has caused loss of life or property loss; Third , traffic behavior that implement and happen traffic accident have causality, compare the traffic behavior of the party to causing the size of the effort of traffic accident conscientiously while studying causality , should consider causing various kinds of other relevant factors of the traffic accident synthetically, only in this way, causality that could hold the traffic behavior and traffic accident correctly while happenings. In addition encroach on people have fault whether motor vehicle happen traffic accident another important composition important document that liability for tort establish. In the traffic accident, encroach on people's fault and is usually shown as the fault, to the fault, we maintain subjective fault say, come up to grasp the fault concept from the subjective psychological condition on one hand, we are according to asserting the fault with the objective behavior of having causality of emergence of the traffic accident on the other hand, in fact, the method to assert fault is an objective method from violating to some behavior obligations of traffic behavior. Except that the liability for tort of the traffic accident forms the important document, contradict origin of an incident be able to influence traffic accident encroach on people undertake liability for tort or undertake great liability for tort more. Contradict origin of an incident stipulate clearly by law, there are urgent danger prevention, victim's fault, contradict origin of an incident be able to get up to lighten or avoid traffic accident not to encroach on people purpose of liability for tort. State the basic fact with traffic accident.Traffic accident of forming the reason and party's responsibility clearly and assert that the book is a very important legal document, asserting that should regard relevantregulations of "safety law of the road traffic" as the criterion conscientiously to party's responsibility in this legal document, only in this way, could make it really become the important basis which asserts the liability for tort of the traffic accident.
Keywords/Search Tags:traffic accident, liability for tort, doctrine of liability fixation, constitutive element
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