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Traffic Accident Damage Liability Main

Posted on:2008-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:H J ChenFull Text:PDF
GTID:2206360215460815Subject:Law
Abstract/Summary:PDF Full Text Request
The Law of the People's Republic of China on Road Traffic Safety and its implementing regulation have been brought into effect in May 1st 2004. It's not only the law gist for the traffic supervisory department of police office who manage traffic accidents, but also the law safeguard for the victims of traffic accidents who were salvaging and protecting in time. In the accidents, the drivers of motor vehicles and ownership persons of motor vehicles are different main body. And the 76th item of the Law of the People's Republic of China on Road Traffic Safety ordains the meaning of motor vehicles side is undefined, unspecific for main body range. The law, statute and judicature explaining of correlative haven't have logical and systemic provisions, so it makes people have different meaning of it, and have different results of managing in traffic accidents. It affects seriousness and accountability of law directly.The text starts with from the legislation tenor indemnificatory system for Chinese traffic accidents. It points out that the vehicle side stipulated in the actual law of PRC on road traffic safety, in confirming main body side, it exists undefined objects.and nonstandard range, take the method of includes interest analysis and value analysis, lodge property rights center ism is the standard to confirm who is the damages amends liability main body in traffic accidents. And taking apart to confirm the main body of the damages amends liability in different cases.There are five parts in the body of text.The first part is mainly about questions on the provision of laws of PRC. It includes the meaning of the damages amends liability main body in traffic accidents, appellation diversification of the damages amends liability main body in Chinese traffic accidents. Integrating items of law of PRC on road traffic safety and concerned judicature explaining from courts, lodge the provision of motor vehicles main body side is general and nonfigurative.The second part is about an examination on comparative laws on main body of damages amends liability in traffic accident, including the laws in different countries and areas such as Japan, Germany, France, Taiwan and Hong Kong. And we compare Chinese law with the above mentioned counties and areas.The third part is the legal principle analysis on the main body in road traffic damage amends liability, which includes interest analysis and value analysis.The fourth part is on the general rules for method of property rights center ism, which was examined through the way of vehicle registration and real right shifting.The fifth part is about the actual application of method for property rights center ism. This includes the actual application of method for property rights center ism in identifying the main body in -different road traffic damage amends liability cases, which often involve motor vehicle drivers , vehicle leasing , vehicle borrowing and vehicle thieving.
Keywords/Search Tags:Main body in traffic accidents, The damages amends liability main body in traffic accidents, The legal principle analysis, Property rights center ism, The actual application
PDF Full Text Request
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