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Liability For Traffic Accident Damages

Posted on:2009-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:C F LiFull Text:PDF
GTID:2166360272472127Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the economy and social progress, the number of the vehicles increase fast and traffic accident is more much than ever, traffic accidents have become the first killer in all accidents. It threatened people's lives and property safety , it cause harm to society. the number dissensions of compensation for automobile traffic accident damage increasing and to social instability. How to share the losses caused by traffic accidents is an unavoidable problem, how to properly handle the traffic accidents, how to do a good job in compensation for damage, these relate to people' benefit. The traffic accident damage compensation system ought to ensure life and health of the victim, and compensate the loss of the victim and protect the legitimate rights, it should also help to prevent and reduce traffic accidents. Chinese current traffic accident damage compensation system is not perfect, the measures can not be implemented.At first, by analyzing the concept about traffic accident responsibility and the traffic accident damage compensation responsibility, point that they are different, traffic accident responsibility show that who has brought about a traffic accident, but traffic accident compensation for damages responsibility is one kind of legal civil liability.secondly, by study the research to traffic accident compensation for damages responsibility subject, to determine who should assume liability. This article pointed out that Chinese current legislation about liability subject are not unified. The author is agreed with that liability subject is determined depend on two criteria, first is that who can control operation, and the other is that who can get benefit from operation. The principal content of this thesis is imputation principle on traffic accident damage compensation, by studying our legislation development history on imputation principle about traffic accident damage compensation and by studying foreign country imputation principle about traffic accident damage compensation. The author support to implement the doctrine of no-fault liability when dealing with the vehicle traffic accident.Finally, the author made some suggestions on improving and perfecting our system about traffic accidents accident compensation. Especially, suggest to for vehicle traffic accident liability compulsory insurance system and traffic relief fund.
Keywords/Search Tags:traffic accident, compensation for damages, compensation subject, principle about liability attribution
PDF Full Text Request
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