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Study On The Problem Of Traffic Accident Damages Of Motor Vechicles

Posted on:2005-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:M TongFull Text:PDF
GTID:2166360182467753Subject:Law
Abstract/Summary:PDF Full Text Request
Traffic accidents damages of motor vehicles is an important issue of tort law. The paper analyses this issue on the basis of judicial practice from four aspects, the confirmation of the person liable in traffic accidents damages, the doctrine of liability fixation and its application, counterbalance of negligence and grounds for exemption, and the scope of damages, with a view to clarify the ambiguous ideas in theory field, correct the existing mistaken areas in judicial practice, and benefit the judicial practice. The paper consists of four parts except introduction and conclusion.The first part, confirmation of the person liable in traffic accidents damages.This part deals with the principle of how to confirm the person liable in the traffic accidents of motor vehicles, that is ,dualism which combines the "interests of operating" and "control of operating", and makes a concrete analysis on how to confirm the person liable under various circumstances, such as buying motor vehicles while failing to register the transfer of title, driving the stolen motor vehicles, operating with other's name, leasing and lending, motor vechcle contracting, paying motor vehicle by instalments, and under repair or storage.The second part, the doctrine of liability fixation and its application of traffic accidents of motor vehicles.This part analyses the different ideas on the doctrine of liablity fixation in tort law of China, comparing it with the doctrine of liability fixation of traffic accidents of motor vehicles in foreign countries. The author proposes the doctrine of liability fixation of traffic accidents of motor vehicles in China, which is liability without fault, and applying counterbalance of negligence correctly.The third part, counterbalance of negligence and grounds for exemption in traffic accident damages of motor vehicle.This part eleborates on the relation between counterbalance of negligence and liability without fault, discusses the specific scope of the rule of counterbalance of negligence, which covers the subject scope, the scope of damages, the principle of thestronger bearing risks, and the rights of prior passage. This part also discusses the grouds for exemption.The fourth part, the scope of traffic accidents damages of motor vehicles.On the basis of the judicial interpretation of the People's Supereme Court on the damages of personal injury and mental compensation, this part deals with the scope of traffic accidents damages of motor vehicles, which covers the property loss, the personal injury and mental compensation, and also discusses the principle when concurrence of liability happens.
Keywords/Search Tags:traffic accident, compensation for damage, subject of liability, doctrine of liability fixation, scope of damages
PDF Full Text Request
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