Font Size: a A A

The Basic Analysis Of Transportation Accident Damage Compensation Liability

Posted on:2008-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Transportation Safety Regulation in People's Republic of China has been put into effect since May 1st 2004, and its formulation and enforcement not only symbolize the beginning of transportation safety legal administration, and it also supplies more exact and authoritative law principles for dealing with the damage and compensation issues in the traffic accidents. However, due to its intrinsic abstract attributes, this regulation couldn't solve all the specialized problems in judicial practice and many new judicial issues have been met again. As a result, this thesis tries to make a basic analysis of the relative problems.The thesis elaborates the definition, characteristics and historical evolution of transportation and the main parts of its damage compensation cases. Based on the characteristics of these cases, the thesis mainly studies the doctrines of liability fixation in the present regulations on transportation accident damage compensation issues and how to use the doctrines in the judicial practice. Moreover it also analyzes the third party's liability compulsory insurance system, liability subject and how to perfect the compensation criteria and compensation obligor in the judicial practice.The present transportation legislation is too simple, the relative judicial elaboration is out of date, and the theory research on this side is not very profound, some related regulations haven't been drawn up or not perfected or in poor cooperation, all of which will definitely affected the dealing with traffic accident cases and have a side effect in the construction of the harmonious society. So, the regulations and system on the transportation issues have been far from perfection both in the legislation and the judicial practice.
Keywords/Search Tags:doctrine of liability fixation, liability subject, spiritual hurt compensation, the third party's liability insurance
PDF Full Text Request
Related items