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Road Traffic Accidents Rethinking Responsibility

Posted on:2010-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y XuFull Text:PDF
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In recent years, there is a big increasing in vehicle ownership, the way of their management and using the motor vehicle has also changed.It brings the road traffic accident damage compensate case an increase and the questions diversity, also it has become the predominant types by people's court of accepting the civil right infringement damage compensate case ,but nowadays road traffic accident damage compensate responsibility legal regime's changing has also caused the people to have the new different understanding to the related questions.The article according to analysis the responsibility principle particularly the non-mistaken responsibility principle and the mistake estimation principle by the vehicle and the non-motor vehicle traffic accident,then I find that our country has a legislatio n tendency about the mistake estimation principle to the the traffic accident damage compensation ,through this can comform the traffic accident damage compensate value orientation and then sums up the principle of attribution which can attributed to China's national conditions suitable for road traffic accident damages,namely mistaken estimation principle.At the same time we mainly analysias the motor vehicles and non-motor vehicle accidents and liability for compensation , in order to secure a timely manner to such traffic relief to the victims and to balance all quarters litigant's benefit, it is a vital significance to the entire society's harmonious stability.
Keywords/Search Tags:Imputation, No-fault liability, Presumption of fault, Responsibility bears it, Fault offset, Fault neutralizes each other
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