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Study On The Confirmation Of Compensation Responsibility For Damage In Road Traffic Accident

Posted on:2007-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
GTID:2166360218462400Subject:Law
Abstract/Summary:PDF Full Text Request
A number of related laws and judicial interpretations have been issued in the first year after the implementation of the "PRC Road Traffic Safety Law", while for the compensation of road traffic accident damages, imputation principle and related law application, there are still many difficult and controversial issues in our practical work. Based on the criminal law theory (especially the Law of Tort) and practice of justice, the thesis firstly defines some concepts and analyses the characteristics of road traffic accidents, then makes systematic and in-depth discussion on the compensation of the accident damages, imputation principle and related law application, and at last puts forward author's own viewpoint by combining some key cases.The article is divided into the following six sections.Sectionâ… defines the concept of traffic accident. By comparing the traffic accident components in the new and old traffic laws and analyzing the definitions of main bodies, fault limitation and other concepts in the new laws, makes a discussion on the scientificalness, practicability and allsidedness of concept definitions in the new law.Sectionâ…¡discusses the compensation liability for damage in road traffic accidents, puts forward a viewpoint that the compensation liability for damage in road traffic accident in fact is a conclusion of expert evaluation.Sectionâ…¢analyzes the imputation principle of damage compensation in the road traffic accidents. Firstly, introduces several imputation principles in related national laws and analyzes their differences. Then compares two typical viewpoints and discusses the imputation system which author supported, i.e. principle of liability without fault supplemented with principle of liability with fault.Sectionâ…£discusses the confirmation of compensation responsibility for damage in the road traffic accidents, especially the main bodies and existing problems, and then puts forward some specific solutions.Sectionâ…¤gives the conclusion.
Keywords/Search Tags:Traffic accident, Damage imputation, Responsibility identification, Imputation
PDF Full Text Request
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