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Analysis Of Motor Vehicle Traffic Accident Damages & Third Party Liability Compulsory Insurance

Posted on:2006-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:T T LuoFull Text:PDF
GTID:2166360182967742Subject:Economic Law
Abstract/Summary:PDF Full Text Request
It has been a very important social issue that development of motor vehicle brought damages of traffic accident. In order to reduce traffic accident and make the victim be safeguarded in traffic accident of motor vehicle, China constituted Traffic Safety Laws, which arose wide controversy as soon as it was published. The text researched the principle of motor vehicle traffic accident damages whose controversy is biggest, application of blame balanced out and the third party liability compulsory insurance system of motor vehicle, and brought forward some idea and legislation assumption. The text includes four chapters except for introduction, conclusion and postscript.First chapter is summarization about the damages of motor vehicle's traffic accident and compulsory insurance of the third party's liability. The first section set forth the conception and characteristic about damages of motor vehicle traffic accident. This section include three parts: Firstly, it defined traffic accidence damages of motor vehicle and point out damages of motor vehicle traffic accident indicate the holder of motor vehicle or driver brought civil liability of other person or damages of property for driver and other person by reason of using motor vehicle; Secondly, introduced four characteristic of damages of motor vehicle traffic accident: First, traffic accidence damages of motor vehicle is a kind of tortuous liability; Second, traffic accidence damages of motor vehicle is a kind of dangerous liability; Third, traffic accidence damages of motor vehicle is retainer's liability of motor vehicle; Fourth, traffic accidence damages of motor vehicle is a broad field. Lastly, by comparing traffic accidence damages of motor vehicle to traffic accidence liability of motor vehicle, it pointed out the difference that two are among characteristic, function and content. The second section set forth the conception and characteristic about the third party's liability compulsory insurance of motor vehicle. The third party's liability insurance of motor vehicle indicated the liability insurance that law stipulate directly, all person who should insure motor vehicle must take part in and regard holder or user of motor vehicle should bear damages liability for victim of traffic accident of motor vehicle as purpose, and use the oversea way of damages of traffic accident of motor vehicle and advanced experience and successful operation of the third party liability compulsory insurance of motor vehicle for reference. Second, it combine with developing status of traffic accident of motor vehicle in our country to analysis liability principle of traffic accident of motor vehicle, and point out that we should adopt no-fault liability principle for damages of traffic accident of motor vehicle among motor vehicle, non-motor vehicle and passerby, then it analysis application principle of traffic accident and how to recognize the problemof blame of traffic accident in dealing with blame balanced out. Last, the text brought forward to the detailed suggestion of establishing the third party liability compulsory insurance system by analyzing the current problem of the third party compulsory insurance.Second chapter analysis of the principle of motor vehicle traffic accident damages. The first section included the damages principle system of China tort law. The second section compared the principles of motor vehicle traffic accident damages of other countries, such as the continental legal system's no-fault liability, the Anglo-American legal system's fault liability, the Japanese's like no-fault liability. The third section researched the principle of motor vehicle traffic accident damages of China. Last, brought out four points of mine about the principle of motor vehicle traffic accident of China.Third chapter analysis of application of fault blame balanced out in motor vehicle traffic accident. The first section set forth the conception, characteristic and the key factors about fault blame balanced out. The second section analysis the detail application in motor vehicle traffic accident of fault blame. In brief, this chapter discussed how to recognize the problem of blame of traffic accident in dealing with blame balanced out.The Fourth chapter researched the third party liability compulsory insurance system of motor vehicle. The first section discussed the relationship between the third party insurance of motor vehicle and the third party liability compulsory insurance system of motor vehicle. The second section compared the third party liability compulsory insurance system of motor vehicle of other countries. The third section gave my own suggestion on the third party liability compulsory insurance system of motor vehicle of China. This chapter brought forward to the detailed suggestion of establishing the third party liability compulsory insurance system by analyzing the current problem of the third party compulsory insurance.The text's conclusion included: I. We should apply systemic point of view to analysis the compensative system of victim in the traffic accident. II. It is hinge of solving current damages of traffic accident to establish perfectly the third party liability compulsory insurance system of motor vehicle and relieving system of social fund as soon as possible. III. Work out justice explanation for Traffic Safety Law No.76 as soon as possible and institute compensative limitation when owner or keeper of motor vehicle don't have fault, and stipulated detail application of fault blame balanced out. IV. Before the situation that Insurance statute of Compulsory Insurance of the Third Party Liability of Motor Vehicle has been published, in practice of justice, People Court or Arbitration Organization should work out judgment which is in favor of insurant and beneficiary.
Keywords/Search Tags:motor vehicle, traffic accident, damages, the third party liability compulsory insurance
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