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Study On The Damage Compensation Liability Of The Traffic Accident

Posted on:2008-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
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Damages compensation of the traffic accident is a responsibility of damages for who break the traffic laws and regulations and should bear the adverse consequences due to traffic accidents or damage caused by the personal injury or property damage according to the law. Damages compensation of the traffic accident is an important issue in tort law.On the issue of how to attribute responsibility on damages compensation of the traffic accident, they have special law enacted to establish the principle of liability without fault in civil law countries, although there was no special law for motor vehicle accident damages in common law states, but they established the principle of liability without fault through the establishment of motor vehicle liability insurance system. In china, the responsibility of traffic accidents damages use the principle of liability for mistakes and the principle of liability without fault and use the principle of liability without fault for the based attribution principle. The body of the damage compensation of the traffic accident is a more complicated issue, because vehicle itself is a fairly complex issue with a variety of different used relationship, it is not possible to generalize, countries in the world is not used with the same title for the body of the damage compensation of the traffic accident in the legislative vehicle damages, but all have the body with a certain extent relations with the motor vehicle to bear the damage liability by the provisions of a special law. In china we use the run unencumbered and operation interests as the main standards of the vehicle accident liability, and principles of attribution under the guidance of the complicated circumstances of the vehicle when the accident occurred compensation on behalf of all the main vehicle into all inconsistent with the actual time the main responsibility of defining the right to motor vehicle the main responsibility of people in possession of identification, responsibility body for the identification when no right to occupy one motor vehicle, responsibility body in other special circumstances. Traffic accidents liability mainly take the principle of full compensation, the principles of fault offset responsibility as a traffic accident compensation and so on. In addition to causing physical damage due to a direct material losses and the direct property losses, the spirit of damages should be included in the the scope of responsibility of compensation of traffic accidents, the standards of compensation should not be different between urban and rural areas.
Keywords/Search Tags:Traffic Accident, Criterion of Liability, Compensation Body, Damage Compensation Liability
PDF Full Text Request
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