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An Analysis Of Public Road 's Impairment Of Damage To Passengers

Posted on:2016-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhaoFull Text:PDF
GTID:2206330461958824Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
With the rapid development of our country’s public transport business,the construction of a large number of various types of public roads built. Given the increasing cases of obstruction of public traffic, In our country, the tort liability law article eighty-nine China’s "tort liability law" the eighty-ninth includes the responsibility for obstruction of public traffic as a new type of tort liability form. But in view of the subject and the principle of the responsibility, controversy has been exist. In the judicial practice, the court for road maintenance obligations of administrators has no unified standard. Thus the cognizance of case result has been very different and the effect of the applicable law has been affected. It is unfavorable to build road management system of clear responsibility in our country. This paper mainly discusses the subject and the principle of the responsibility for obstruction of public traffic and the judgment standard of administrators’ road maintenance obligations. This paper is mainly divided into the following several parts:The first part mainly leads to common problems through three typical cases on Pkulaw.cn. One is how to determine the subject of the responsibility for obstruction of public traffic. Especially in the face of different types of road managements, how to accurately identified road managers; The second is the court’s judgment of whether road managers do enough. The third is the responsibility of the relationship between the main responsibility and what principle should be applied.The second part is mainly about the scope of "public road". Because the first part of the cases are related to obstruction of public traffic. To explore the responsibility for obstruction of public traffic, "public road" should firstly be defined. According to "highway law", "law of road traffic safety", "law of road traffic safety regulations on the implementation, the highway management regulations, regulations on the administration of the urban road, Who for no particular the public places shall be regarded as the category of "public roads", and should not be confined to the ordinary road or highway.The third part introduces the related problems of the subject of the responsibility directed at cases in the first part. Through discussing the related provisions of the laws and regulations and typed analysis of 20 cases on Pkulaw.cn, it has been determined that the subject of the responsibility includes the actual intruder and road administrators. On this basis, discussion of the road managers has been classified. Thus, method of identifying eligibility road management is proposed.In the fourth part, it discusses the liability issues of the subject of the responsibility based on its confirmation. It mainly discusses the principle of the responsibility for obstruction of public traffic. On the principle of "monism" and "dualism", it classifies reasons of them and focuses on the rationality of "dualism". On the basis of road managers’ presumption of fault liability, puts forward the examination standards of road managers from the perspective of judicial practice.On the basis of the previous part of the argument, the fifth part discusses liability for damage of road managers should be classified as national compensation or the civil compensation. For a long time, the nature of the management defects liability has been controversial. This part respectively discusses from the viewpoint of civil liability and state compensation liability. It is concluded that the feasibility of the national road management defects liability.
Keywords/Search Tags:Public roads, Liability subject, Doctrine of liability fixation, State compensation
PDF Full Text Request
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