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Vehicle Accident Damages The Main Identified

Posted on:2008-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:J C MuFull Text:PDF
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Now, with the high speed of economic development, one of thephenomena is the amount of vehicle increasing greatly. The wide use ofvehicle provides great convenience for our life and work. To someextent it changed the style of our life. But meanwhile, because of itsproperty of high hazard, it results damages in person and property. TheRoad Traffic Security Law of People's Republic of China issued on May1,2004. It concerned the attribution principle, the subject of liabilitiesfor compensation and extent of compensation and so on. But because ofnot explaining something important, it caused disputes in practice andtheory. And one of the problems is the identification of the liabilitysubject for compensation in traffic accident, on which I will endeavor tomake an analysis in this thesis.In addition to introduction, the thesis is divided into four parts.Introduction: In it, the author explains the significance and value ofthe studies on the identification of the liability subject for compensationin road accident.Part one: The criterion of the identification of the liability subjectfor compensation in road accident.Each country has special law to prescribe the subject. But the nameand identification are different. The reason is the difference of thecriterion. In China, in The Road Traffic Security Law, the subject justnamed "the vehicle party". It can not to identify the subject, it just canresult confusions.Then, from the view of comparison law, we analysis two maintypes of criterion in the world: the type of German and the type of Japan.The criterion in our country follows to the type of Japan which isdualism. The dualism means to identify the subject by operation interestand operation control. But if identify the subject according to thedualism strictly, somebody who should be responsible for thecompensation can escape from it and sometimes there is no way to identify the subject. So the author thinks if the criterion is operationinterest in broad sense, the problems can be solved.Part two: The analysis of types of the vehicle liability subject forcompensation in traffic accident.The The Road Traffic Security Law which issued in 2004 is a greatprogress in compare with the Road Traffic Method which issued beforeThe Road Traffic Security Law. But because of the law's imperfectionand the complexity of practice, the law can not regulate all cases. Sothere is difficult in identifying the subject in judicial practice. Authoranalyzes several kinds of special subjects as follows:No.1: Identity the subject in relationship of employment: In thisrelationship, the identification should be related to the liability ofemployment. And in our country, the law concerned liability ofemployment is needed to be completed. Author thinks the law shouldadopt no-fault liability. And the employer should be responsible for thedamages in the traffic accident.NO.2: When the dealer did not change the name of the owner in thevehicle deal, how to identify the subject: if the criterion is the operationinterest, the actual owner must be responsible for the damage inaccident.No.3: The subject identification in relying-on operation: Authordivided the relying-on operation into two types: relying-on operation inname and relying-on operation in business. According to the operationinterest, the subject in relying-on operation in name is the party whorelying-on the others. The subjects in relying-on operation in businessare both parties in this relationship.No.4: The subject identification in vehicle-buying by installments:according to the criterion, the subject is the actual owner of the vehicle.No.5: The subject identification in leasing relationships: Because ofthe operation interest belonging to the both parties, both of them shouldbe responsible for damages.No.6: The subject identification in financial leasing relationships: As the owner of the operation interest, the leaseholder should beresponsible for damages.No.7: The subject identification in contract: Because in the contract,both parties make benefit from it, they all should be responsible for thedamages.No.8: The subject identification in borrow and lend relationship:The lender is the owner of the operation interest, so he should beresponsible for the damages.No.9: The subject identification when the vehicle was stolen: Theperson who driven the vehicle should be responsible for the damages.No.10: When the vehicle is in repair or in storage, the subjectshould be the persons who manage the vehicle.No.11: When the vehicle was as pledge, the subject should be theperson who had right to control the vehicle.No.12: The subject identification in the situation of picking upsomeone in good will. At present, there is not any law to regulate it.And there is no accordant result. Author thinks it should be identifiedaccording to the case.Part three: The subject problem of insurance company under thesystem of mandatory insurance in traffic accident damages.The Road Traffic Security Law issued on May, 2004, it prescribedthe mandatory insurance for vehicle traffic accident first time. Vehicletraffic accident mandatory insurance act which put into effect on July 1,2006 specify the mandatory insurance in detail. But, by the reason ofshort time to study it, there are many shortages. Author gives some ideason it.Part four: Social funds and subsidies in traffic accidentThe Road Traffic Security Law has set up the system of social fundsand subsidies in traffic accidents. It represents the people-orientedconcept. It has great significance and its character. But now the systemshould be perfect.
Keywords/Search Tags:the liability subject for compensation in traffic accident, the criterion of identification, operation control, operation interest
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