Font Size: a A A

The Study On Compensation Liability Of Mobile Vehicles Traffic Accident Injury

Posted on:2008-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:J W FangFull Text:PDF
GTID:2166360242972422Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This article is mainly about some related difficult questions about compensation responsibilities on mobile vehicles road traffic accident in our daily life .It bases on civil basic legal principle and compares with the investigation accomplishment at home and abroad. It comprehensively applies analysis of value and analysis of fact in legal methodology to demonstrate the principle of imputation of some controversial traffic accident, the ascertainment of cause and effect, the ratio to fault balance and typical types of responsibility ascertainment. It aims to make the related systems about compensation responsibilities on traffic accident injury perfect.The whole essay can be divided into three parts: introduction, text and conclusion. Text includes three chapters.In chapter one, the author deeply analyzes the rationality about the imputation principle of no-fault liability and bring forward a new thought to ascertain the imputation principles. Namely, we should not tangle the fault, but to think out a system to compensation to victim. The article more clarifies the imputation principle of presumed-fault liability between the vehicle and non vehicle, walker in our country. In the same chapter the author analyzes the applicable condition of Contributory negligence, according to its concept and law source. And more demonstrate that Contributory negligence may be applied in no-fault liability. In chapter two the author studies the improvement of system of damages liability for traffic accident caused by motor vehicle. First of all, the author argues application of negligence offset in motor vehicle damages. Then the author suggests how to improve the insurance system of liability for third party and establish the social aid funds for road traffic accident. In chapter three, the author points out the persons who are liable for traffic accidents damages. This part deals with the principle of how to confirm the person liable in the traffic accidents of motor vehicles, that is, dualism which combines the "interests of operating" and "control of operating". The text's conclusion included: I. The article more clarifies the imputation principle of presumed-fault liability between the vehicle and non vehicle, walker in our country. II. In order to operate controlling and operation interests as the reference datum asserted of compensation for damage responsibility subject of the traffic accident, can solve a lot of complicated situations. III. In China, insurance in road traffic accidents by automobiles shall be compulsory liability insurance, not non-fault insurance. IV. The author suggests that China may adopt the international-popular "dualistic theory" (i.e. operation control and operation benefit) to clarify the subject, simultaneously, the author lists several special liability subjects under certain circumstances.
Keywords/Search Tags:Automobile traffic accident, The doctrine of liability fixation, Contributory negligence, The third party liability compulsory insurance, Subject of damage compensation
PDF Full Text Request
Related items