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Studies On The Legal Issues Of The Road Traffic Accident Damage

Posted on:2007-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:H SongFull Text:PDF
GTID:2166360185993109Subject:Law
Abstract/Summary:PDF Full Text Request
The invention and use of the vehicles brings convenience to the people but it also poses tremendous damage to the people and the property. In order to correspond to the social problems which the vehicles bring out ,various countries in the world are suitable to the no fault liability principle to the vehicle damage compensation dispute .How to establish a highly effective and fair traffic damage compensation mechanism and how to safeguard the traffic accident victims' benefit is a quite important aspect to reduce the society contradictory and to maintain the social stability .Our country promulgated "Road Traffic Safety Law of the People's Republic of China " in 2003,this law made a new stipulation to the traffic accident and it is a great progress in our country's legislation. Comparing other countries our country's legislation still exists many deficiencies needing to improve.These deficiencies first manifest the standard regarding the subject of the liability recognizing, and the standard still does not have an legal explicit stipulation. This causes people in different places to view and to operate differently in trial practice .Secondly, the compulsory insurance of the third part liability and the society insurance system are lag ,this causes many problems unable to be solved .This article draws up from the road traffic compensation liability, and by analyzing our country's legal stipulation insufficiency ,the article proposes improvement opinions, which is to make our legislation perfection and to protect victims' rights and interests by greatest limit.
Keywords/Search Tags:no fault liability principle, subject of compensation, comparative negligence, compulsory insurance of the third part liability
PDF Full Text Request
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