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Compensation Responsibility Research For Traffic Accidents Caused By Motor Vehicles

Posted on:2008-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiuFull Text:PDF
GTID:2166360242957692Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The invention of the motor vehicles brought traffic conveniences. At the same time, also the invention produced a great deal of traffic accident. Accidents resulted in Human body injured and property loss. The indemnity of the automobile traffic accidents is an important problem of the infringement behavior method. How reduce the occurrence of automobile traffic accidents, and after the trouble takes place, how to compensate the loss. We have to face and solve these problems. Therefore, to the responsibility problem of the traffic accidents indemnity constitution research, not only have important method value, but also have reality of practice value.Automobile industry and transportation industry of develops very quickly in our country. Traffic accidents occur frequently. In the process of handling traffic accidents, because the law making isn't perfect to cause many mistake areas of understanding to the traffic accidents indemnity. In order to study the problem of mechanical transport accident damage compensation. According to《GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA》,《ROAD TRAFFIC LAW OF THE PEOPLE'S REPUBLIC OF CHINA》etc., these texts clarified the concept of road traffic accident. The concept of road traffic accidents is more and more wide. But can not get away from to embroil a relation with vehicles. My text analyzed traffic accidents responsibility constitutes important items. I think the traffic accidents responsibility constitutes to five composing important items: The road traffic accidents have to take place on the road .The road traffic accidents must be to result in to from the motor vehicle of trouble. The road traffic accidents must be the vehicle occurs in the use process. Traffic accidents must have damage results .The traffic accidents must have a cause and effect relation with the result of the damage. This article aims at automobile drivers, automobile owners, and etc. relations in real life. In the complicated relations, respectively to carry on treatise main body of compensation responsibility under different circumstances. The text analyzed some special situations concretely. Such as vehicle business don't transfer ownership, installment payment, thieves and burglars etc. This article mainly introduced traffic accidents indemnity to return a responsibility principle and how to carry on a trouble indemnity problem. To begin from the civil responsibility theories, introduced the development of domestic and foreign about the responsibility principles of traffic accidents damage compensation, and relatively investigated indemnification responsibility system of some developed countries. Such as Germany, France, England, American etc. Our country's lawmaking can absorb these profits about traffic accidents compensation system. The lawmaking change analyzed an our country traffic accident indemnification responsibility system, and with this to the further study aim at traffic accident indemnity and should apply of return a responsibility principle and which damages carry on indemnification, include spirit indemnity among them. Also in the text carried on elaborating to the liability insurance system Putting forward finally should be perfect our country traffic accident indemnity system. Finally, the text put forward our country should establish the salvage fund of the traffic accidents society etc. measures to strengthen the protection to the everyone.
Keywords/Search Tags:automobile traffic accident, damage compensation liability, imputation principal, compensate scope, consummation of compensation system
PDF Full Text Request
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