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Research On The Related Issues About Tort Liability In Traffic Accidents In China

Posted on:2011-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:C B ZhaoFull Text:PDF
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With the high use of the automobile ,a great number of traffic accidents occur on road, tort led by motor - vehicle which emerge on the basis of traffic accident become an important field of the tort law. This article attempts to inquire deeply into some existing problems in the disposal quality of traffic accident cases, such as the imputation principles of tort liability, defense replications,subject of liabilities for compensation,the balanced principle of the applicable fault ,and so on. By analyzing the problems, the author has put forward some new explorations to perfect interrelated legal systems of traffic accident. Imputation in principle, penman thinks motor vehicles should take on Liability without Fault in road traffic accident between motor vehicle and non-motor vehicle, pedestrians, but the doctrine of no-fault lab is only partial, not completely.In terms of defense cause replications this article analyses if self-conducting act, accident beyond control, act of third person should become cause of liability alleviation under certain circumstances in road traffic accident between motor vehicle and Non-motor vehicle and pedestrians.The balanced principle of the fault should also apply in the special tort conduct, at the same time the appliance should be restricted.In terms of the responsible host of compensation responsibility for damage caused by the traffic accident of motor vehicle, this article analyzes how to identify the responsible host in some circumstances when the user isn't the owner.
Keywords/Search Tags:Road traffic accident, Criterion of liability, The principle of the power to be responsible for danger, The balanced principle of the fault
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