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Research On Railway Traffic Accidents Damages

Posted on:2008-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhuangFull Text:PDF
GTID:2166360212492335Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As an important infrastructure, the backbone of an integrated transport system, the railway plays an important role in economic and social development. With the increase of disputes arising from the type of railway accident, some problems such as liability body and defense matter are not solution, which is not conducive to safeguarding the rights and interests of the parties concerned and maintaining social stability. So this paper chooses the rail accident damages as a research topic. In reference on the basis of the legislation, together with the reality to analysis of the key issues of railway accident damages. To give a number of legislative proposals of improving the rail accident damages.There are nine chapters in this book, about 30,000 characters.Chapter 1 is introduction.Chapter 2 is the outlined about railway traffic accident. Firstly is a brief introduction to the concept of a rail accident. Secondly is the causes and characteristics of the rail accident. Thirdly is the current legal system and the compensation for damages Status in our country, and clarify which law is applicable in the present controversy.Chapter 3 is the damages Liability principle of railway traffic accident damages. This chapter includes the controversy of the damages liability principle, the cases of foreign legislation about railway traffic accident damages and the comparison of fault liability, no-fault liability and responsibility of the presumption of fault.Chapter 4 is the imputation principle we should take. Laws must be rooted in the material basis. Delay or advance is inappropriate. The chapter first to explore the principles of attribution, and the principle of presumption of fault should be taken to a rail accident. And also elaborate on related issues like defend matters.Chapter 5 is the scope and standards of railway accident damages. What criteria should be compensated? How much? Is it the spirit of compensation? These issues were discussed in this chapter. I think that there should be full compensation, as well as mental damages.Chapter 6 is the body of railway traffic accident enforcement and is the body of damages liability. How to determine the main enforcement is a very important issue. This chapter discussed the problems of existing legislation. With the reality of our country and relevant system, considered that should be handled by rail police. The second part is about is the body of damages liability. It is very important because this issue related to compensation. This chapter discussed the issue.Chapter 7 is several specific presumptions for improving compensation system for China's railway traffic accident. On basis of summary of the last several chapters, author provides certain suggestions in establish compensation system for railway traffic accident damages as legislative reference.Chapter 8 is conclusions.The study of the paper includes the study of comparative law and the study of national conditions. The former is the starting point of this paper, which is to examine the purpose and destination. I hope that through this study to provide a valuable reference for damages.
Keywords/Search Tags:Railway traffic accident, Damages, Imputation principle, Fault presumed responsibility
PDF Full Text Request
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