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On The Vehicle Side And The Non-motor Vehicle Side Road Traffic Accident Damage Compensation Liability

Posted on:2006-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y A GuFull Text:PDF
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《Traffic Security Law》has been carried out for more than one year,however, There is still a contiuous controversy on how to assume the trafficcompensatory liability of victim's damages. Therefore, I am concentrated onstudying it and writing this thesis. Firstly, By comparing with the liabilityof traffic accident, I centainfy the concept of the compensatory liability oftraffic accident. It is one of tort liability in the civil legal system, is acivil liability. Secondly, Studying the lawful fruits and advanced judicialconcept from foreign country, distinguishing the variation of our traffic lawand judicial experience, of the principle of no-fault liability and faultliability, I figure out that applying the principle of no-fault liability isthe trend for legislation of the traffic law in the world, is accordant withthe judge value of damages compensation of the traffic law, therefore, I drawa conclusion that the conclusive principle which is suitable for our situationis the principle of no-fault liability, that is, by the law, according to thestandard of the judge value based on the damages, regardless of the fault ornot, the doer who has cause related with the results should assume thecompensatory liability of damages. Next, To remedy victim's damages timely andefficiently, I raise a concept of the liability subject related with the vihicle.Combining with the complexity of the judicial practice, applying two principle—the running benefit and running control, I try to analyze the variety of thecomplicated situation, such as vehicle purchase without the transference ofownership, transportation with no-payment, and so on. Lastly, the compensatoryliability of traffic accident is applied no-fault liability priciple, Thewrongdoer's liability can't be exempted with theno-fault reason. However, thevictim's fault can not be neglected. In order to prompt all the participants to comply with the traffic rules and regulations, to perform the duty on payingattention to traffic safety, and in order to show and relize the lawfulimpartiality, it is necessary to apply the fault-offset principle, to reducethe total amount that the wrongdoer should compensate.
Keywords/Search Tags:Principle of no-fault liability, The liability subject related with the traffic vehicle, The principle of fault-offset
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