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Research On The Parties In The Case Of Compensation For Traffic Accident Damages

Posted on:2007-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y J PanFull Text:PDF
GTID:2166360218950742Subject:Law
Abstract/Summary:PDF Full Text Request
How to affirm the parties in a case of compensation for traffic accident damages is a problem in practical trial. The thesis wants to make further research on how to affirm the plaintiff, defendant and the third party involved in a case of compensation for traffic accident damages by using method of combining theory with practice.The thesis includes five parts. The first part is the introduction of the parties of a case of compensation for traffic accident damages. The conception of traffic accidents and the parties involved, the constructive conditions of traffic accidents and the parties'characteristics are identified in the introduction. The second part explains the common principles of affirming the plaintiff, and that in the condition of suffer from the personal injury and property loss, how to affirm the plaintiff. The third part, from seeing about and referring to the oversea returns, sets up the common rules of affirming the defendant and analyzes the affirmation of defendant in different conditions. The fourth part explains the common principles of affirming the third party, discusses the affirmation of third party who has an independent claim and who has no independent claim. The fifth part, from the basis for legislation of insurance agent attending the litigation, focuses on expatiating the essential differences between vehicle liability insurance for third party and compulsory liability insurance of vehicle traffic accident, clarifies that they are essentially different systems while they can exists concurrently, and explains that third party of compulsory liability insurance of vehicle has the rights of direct reimbursement to the insurance agent, confirms the insurance agent's status in the litigation.The author expects that this thesis can has useful help to resolve the problem of affirmation the parties in a case of compensation for traffic accident damages, and guide dealing with cases of compensation for traffic accident damages.
Keywords/Search Tags:Traffic Accident, case of compensation for damage, Parties, liability insurance
PDF Full Text Request
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