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"traffic Accident Abscond" The Issue Of Responsibilities

Posted on:2011-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z F XuFull Text:PDF
GTID:2196330332471523Subject:Law
Abstract/Summary:PDF Full Text Request
With a high rate of incidence, traffic accidents are paid much attention to both in practice and in laws and regulations. Among the road traffic accidents in China, absconds have been relatively high in proportion, which leaves victims of the accidents to lose timely assistance and thus put into danger; the failure of duly compensation to families of the victims lead to petition letters or complaints; and it is extremely hard to collect, affirm and treat evidences because of the changes or the disappearance of scenes. What is worse, some perpetrators even dump the victims in remote areas far away from the scenes, which leads the victims to die out due to the loss of opportunities for them to obtain duly help, and therefore such abscond behaviors are generally fiercely condemned by the whole society. In order to curb the upward momentum of abscond behaviors and to strengthen the dynamics of penalties, both the Road Traffic Safety Regulations of Guangdong Province and Road Safety Regulations of Sichuan Province stipulate that the party to abscond an accident shall bear full responsibilities for the accident; but, the party to abscond an accident shall bear main responsibility if he/she can produce evidence that the other party is also at fault. The above provisions of the accident about the abscond responsibilities and the upper extreme of the law have brought about some conflicts along with other issues, causing considerable dissents at all levels of the society.By combining years of experience dealing roads accidents with reference to the domestic studies related to the abscond behaviors from the traffic accidents, the thesis analyzed existing deficiencies in identifying abscond responsibilities, and proposed some suggestions for improving the current practice, the purpose of which is to unify the standard of law enforcement, normalize the enforcement and to protect the clients'legal rights.
Keywords/Search Tags:traffic accidents, abscond, the affirmation of accidents, perfection
PDF Full Text Request
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