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Motor Vehicle Road Traffic Question Of Damages

Posted on:2007-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:P YueFull Text:PDF
GTID:2206360185472498Subject:Law
Abstract/Summary:PDF Full Text Request
With the motor vehicle's development , the jurisdiction focuses on cases of compensating automobiles' tort liability. Firstly , some questions are brought up. The Traffic Accident Measures to Deal With which was issued in 1991 by the Department of State had been criticized for long time . So , our country issued the Law of Traffic Safety and the Regulation to Carry out Law of Traffic Safety. However , There is a little contradiction between them in traffic accident inspection. It also reflects that the texts, functions , ways of traffic accident causation varies much because of the different points of view or stages . Both the legislation and the practice mixed them up in our country many years ago . Secondly, which principle of ascertain liability does the 76th article of the Law of Traffic Safety take ? It worth debating in depth . At last , to share the damage fairly ,we should research how to make use of principle of ascertain liability, and a series of questions how can we decide the amount of compensate .The second part is about causation in tort liability of traffic accident . After comparing the law of our country and foreign country , Although the Proximate Cause is different from Condition Causation , there is a lot of same places between them . The Liability Establishment Causation and the Liability Scope Causation is similar with the Factual Causation and the Proximate Causation. They are all divided into two parts to study and one is fact judge , the other is value judge .Then ,we should debate the causation in tort liability of traffic accident ,we should research that causation and decide different function and effect of different parts by complex thought .Traffic policemen should emphasize check on-the-spot , that's Factual Causation ;The court should emphasize ascertain faults and liability of the party , that's Proximate...
Keywords/Search Tags:tort liability, causation, principle of ascertain liability, contributory negligence
PDF Full Text Request
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