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Accident Responsibility For The Main Study

Posted on:2008-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:D ChenFull Text:PDF
GTID:2206360215961399Subject:Law
Abstract/Summary:PDF Full Text Request
This paper makes a thorough study to determine who should take liability to pay compensation in traffic accident,specially probes into the legislation in effect from the point of comparative law.this paper tries to analyses it in theory,and points out its disadvantage as well,thus suggests improving our legislation in effect.The paper includes four chapters.In chapter 1,firstly, the author using the comparative method, expounds and sets up the scientific concepts of traffic,motor,road, thus summarizes the concept and connotation of traffic accident in china,and also point out that heavy loss and unavoidable are its essence. Secondly, the author analyses two traffic accident cases,and find that it's not clear and definite to judge who should take liability to pay compensation in our available law,and also find that it's quite different to settle it in judicial practices.In chapter 2, firstly, the author compares and analyses several views about the imputation-principle system of act-of-tort law in theoretical world, and then maintains that in this system there should be two imputation principles—Fault-imputation principle and Non-fault-imputation principle. And also point out that fair liability and fault-judgment liability are not independent. Secondly,on the basis of comparing the two principles concept, history development,and theory,with the reference of abroad legislation cases, the author maintains that our imputation principle of traffic accident compensations is a system, not a single principle,that is,Fault imputation principle is applied to the accident between vehicles,while Non-fault imputation principle is applied to the one between motor vehicle and non-motor or pedestrian.In chapter 3, firstly, the author compares and analyses three theories about the standard to judge who should take liability to pay compensation in traffic accident, and maintains that in china, in traffic accident, we should let the transport beneficiary and transport controller to take liability to pay compensation, and let the vehicle owner with fault to take this supplementary liability. Secondly, the author discusses the condition that in practice the vehicle owner tries to evade legal liability from the point of movable property deal, and compares several patterns of title alteration, and then maintains that we should use the immovable property registration rules for reference.That is it is necessary to do alteration register in traffic department when motor-vehicle title register and alteration, otherwise the passing of title is Invalid.In chapter 4,the author adopts the above judgment standards in traffic accident to discuss the application in all kinds of concrete conditions, such as,the vehicle owner driving,the vehicle owner hiring others driving,the vehicle owner letting or lending to others, the vehicle being stolen,the vehicle in mortgage, others 'care or repair, the families of vehicle owner driving without allowance,the vehicle bought in installments plan.
Keywords/Search Tags:Traffic accident, Imputation principle, The person who should take liability to pay compensation in traffic accident
PDF Full Text Request
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