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On The System Of Compensation For Damages In Traffic Accidents

Posted on:2007-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:M L YuanFull Text:PDF
GTID:2166360185982090Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In this thesis, the author approaches the correlated regulations in the Law of Traffic Safety and makes a brief analysis on the system of Compensation for Damages in Traffic Accidents in China. The author thinks that the system of the doctrine of liability fixation for the compensation liability for the damages in traffic accidents is composed of the doctrine of no-fault liability between the drivers of motor vehicles and non-motor vehicles and the pedestrians, the doctrine of liability for wrongs between the motor vehicles, the non-motor vehicles and the pedestrians, and the doctrine of equitable liability for being unable to define faults in applying the no-fault liability. In defining the liability subject of the damages compensation for traffic accidents, it includes the standard to define the movement allocation and the attribution of movement interests that is current in foreign countries. In addition, the Law of Traffic Safety defines the compensation liability of the insurance company that is responsible for the third-party liability compulsory insurance of motor vehicles and the social salvage fund for traffic accidents in the form of regulations. In other words, it adds the standard for defining the subject to bear the compensation liability in accordance with the regulations. The author holds that the correlated regulations in the General Principles of Civil Law, the Interpretation for Personal Damage Compensation and the Interpretation for Moral Damage Compensation should be used to define the amount and scope of the damage compensation in traffic accidents. However, the author holds that other aspects, such as the relation, necessity and reasonableness of medical expenses, the medical expenses covered by the overall society, the nursing fee after defining injury, the living expenses for the obligor of maintenance and the compensation standard for the urban and rural residents should be defined more clearly. The author also probes into the non-actionable relief and the action relief for the victims in traffic accidents, makes a brief explanation for the administration and operation of the social relief fund in traffic accidents in the system of damage compensation, the problems existing in the third-party liability compulsory insurance and the solutions to these problems and the function of the determination of traffic accidents in the damages compensation for traffic accidents in order to set up a scientific and reasonable system of damages compensation for traffic accidents.
Keywords/Search Tags:Traffic accidents, doctrine of liability fixation, subject of compensation liability, standard for compensation, relief
PDF Full Text Request
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