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On The Imputation Principles Of Liability For Damages To Road Traffic Accidents

Posted on:2008-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:H W LiFull Text:PDF
GTID:2166360215972665Subject:Civil and Commercial Law
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In recent years, with the development of economy and the rise of people's living standards in china, the number of cars has increased drastically and there is a higher and higher demand for cars. Cars are playing an important role in social activities. However, due to vehicle's use, maintenance and management, traffic accidents become worse, which threaten people's lives and property safety, and it becomes a very serious social problem.The occurrence of traffic accidents is inevitable, but when the accidents occurred, how to compensate for victims, especially the imputation principles of liability for damages to traffic accidents, is worthy of deep thought and research. Imputation principles solve the civil foundational issues of tort liability for damages. The People's Republic of China Road Traffic Safety Law (hereinafter referred to as"the Act") was promulgated in October, 2003 and regulated the imputation principles of liability for damages to road traffic accidents again, which attracts the attentions of various social circles. However, since the implementation of the Act, because there are different understandings of the importation provided in the Act, uncoordinated situations appear in practice. Various imputation principles are different in the degree of protection to the victims. How to handle the damages of road traffic accidents is connected with social stability and sustainable development. To properly solve the problems caused in the traffic accidents and timely compensate for the victims and their relations to make up for the shock to society because of injuries and death, it is necessary to research and discuss in theory and practice. In view of this, it is the fact that system article discussing and researching the imputation principles of liability for damages to road traffic accidents can bring about the theoretic and realistic significance.This article utilizes the comparative analysis with apply theory to reality the method and Based on the legislation and practice of related countries and regions and the relevant provisions of the Act, this article analyses and expounds the content, nation, basic theory, development and evolution, defects and completion of the imputation principles of liability for damages to road traffic accidents, and sets forth principles. There are five parts in this article except outside introduction and conclusion:The first part is an overview of road traffic accidents. This part, based on the analysis and research of road traffic accidents in concept and characteristics and of the constitutions of accidents liabilities, analytically explains the connotation of road traffic accidents and its liability for damages. Based on the elaboration of the concept and meaning of the importation principles, the basis of theory of its imputation principles the basis of the imputation principles of tort liability and the necessary of the imputation principles of liability for damages to road traffic accidents, this part discusses the foundational theories of imputation principles of liability for damages to road traffic accidents, including liability for fault, the principle of presumption of fault, liability without fault, imputation principle of fairness and principle of contributory negligence, and sets forth contributory negligence connects the liability with fault. And then the analyses are below.The second part is the comparison of legislation of related countries and regions on the imputation principles of liability for damages to road traffic accidents. On the basis of the legislative study of civil law and common law, it concluded: common law generally adopts the principle of liability for fault, and civil law takes the principle of liability without fault. And then it comments on the attitudes of imputation principle of liability for damages to traffic accidents that should be taken.The third part is the condition of imputation principles of liability for damages to road traffic accidents. At first, this part reviews the history of vehicles, current situation and evolution of legislation in china, and then analysis and expounds the imputation principle established General Principles and foundation of"People-centered, to protect the weak."Finally the author also analyses the convergence and conflicts of law existed in the legislative and judicial practice and There are some inappropriate places in practice about the imputation principle regulated in the Act. Especially when vehicles infringe upon non-motorized vehicle drivers and pedestrians, discussions of the principle of liability without fault are increasing intense, and there are differences about understanding the principle, which is not conducive to maintain traffic order and safety.The forth part is the consummation of imputation principles of liability for damages to road traffic accidents. Therefore, it's necessary to re-perfect the imputation principles regulated in the Act and set forth some thoughts and suggestions to complete the article 76 of the Act and proposed the suggestions to consummated "General Provisions of the Civil Law". In order to better achieve the value which this should be achieved. Based on above, the author sets forth some own views and suggestions.
Keywords/Search Tags:road traffic accidents, compensation damages, imputation principle, liability without fault, liability for fault
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