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On Motor Vehicle Road Traffic Accident Liability For Damages

Posted on:2007-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:M Y CaoFull Text:PDF
GTID:2206360212456151Subject:Law
Abstract/Summary:PDF Full Text Request
Compensation for injury arising out of road traffic accident is forming an important part to the law of torts. Since the promulgation and enforcement of << Law on road traffic safety in People's Republic of China >>, this topic is becoming hot among people at all levels. In this context, the author intends to analyze the liability system of compensation for injury arising out of road traffic accident in China deeply by the way of exploring some basic issues like application scope, liability subject, principle on liability division and compulsory liability insurance etc and consequently expresses her unique opinions on the establishment of system on compensation arising out of automobile injury, in this way, we can handle such kind of disputes in a fairer way and finally reduce the road traffic accident to the least. Besides the preface and closing remarks, this dissertation consists of 5 parts.The first part focuses on the application scope of injury compensation liability arising out of road traffic accidents by automobiles, the author holds that: if there is an traffic accident of automobiles which occurs on the any road and such accident involves any injury compensation liability, then we should apply the << Law on road traffic safety in People's Republic of China >>. We should define"Road"as wide as possible, so long as the road fits for the relevant standard and is fit for automobiles and opens to the public, it should be viewed as road governed by relevant laws; similarly, we can not limit"automobile"only to"moving automobile", the still automobile which parks at the road and endangers the safety of passing automobile or individual also shall be regarded as moving automobile; as to the definition of"automobile", China has not yet defined it in a strict way, it should include the speedy automobile used by the disabled and bicycle powered by electricity.Part two mainly introduces the subject to the injury compensation liability arising out of road traffic accident. Although there is no clear regulation on the subject, the author suggests that China may adopt the international–popular"dualistic theory"( i.e. operation control and operation benefit ) to clarify the subject, simultaneously, the author lists several special liability subject under certain circumstances. Part three classifies the attribution principles of injury compensation liability arising out of road traffic accidents by automobiles, and application of non-fault liability in injury compensation liability arising out of road traffic accidents by automobiles is not only the common choice of other nations, but also the choice of China.Part four introduces the system of compulsory liability insurance and compulsory non-fault insurance in injury compensation liability arising out of road traffic accidents by automobiles and...
Keywords/Search Tags:Traffic Accident, Liability Subject, Principle of Attribution, Compulsory Liability Insurance, Non-Fault Insurance
PDF Full Text Request
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