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Traffic Accident Personal Injury Compensation Attributable To The Principles Of Research

Posted on:2008-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q H ZouFull Text:PDF
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The increase of China's vehicles provides us not only many benefits to our livehood but also much serious harm to our safety and properties. More and more people focus on how to reduce the traffic accident and help the victim or the injuried. Especially with the enforcement of The Law of the People's Republic of China on Road Trafic Safety since May1st, 2004, the regulation on the doctrine of liability fixation to personal injury compersation in Article 76 is becoming a hot topic. Thoughts and ideas poured in from the scholars, medias, pedestrians and drivers.The doctrine of liability fixation to personal injury compensation in traffic accident means that the doctrine must be carried out in the affirmation of civil liability when the traffic accident happens. Usually it is used to the basic question in traffic accident. The carrying out of tort liability doctrine or no-fault liability depends on the development of traffic. The present thesis explores and discusses those doctrine from the following four parts.Part One discusses the meaning of the doctrine of liability fixation in traffic accident, which is carries out from the defination of the range of traffic accident. The defination is so important that it decide wheather it could be used to personal injury compensation or not. The definition in the past limited in the fault of the feasor, which results in the failure of settlement to many traffic accident. The new law ranges the negligeace and it would help to the no-fault liability; and so the personal injury compensation just means a kind of compensation for infringement because of traffic accident. Part Two, setting out from the base of fault liabity and no-fault liability, discusses how to choose the doctrine of liability to personal injury compersation in traffic accident. The above two differ each other and each has its own merits. The doctrine of the fault liability emphasize the subjectine fault by the feaser and the individual's responsibility, that would be very useful to preclude and elimiwate the traffic accident; and at the same time it seemed that the fault liability heglates the high speed of the motor vehicle but emphasizes the feasor's subjection. In fact it stimulates the feasor's escaping. The no-fault liability possesses the advantages in the fixation on liability and the puick salvage to the injuried. But it would heglect the feaser's subjection and avianized the original prevewtion and detevrence effect. That would stimulate more tort. Comparing the doctrine above, the writor holds that the no-fault liability is more helpful to the injuried and meet the refuivemeat of modern act for tort.Part Three, analysizes the history of the doctrine to personal injury compersation in traffic accident in our China by comparing the trends in Anglo- American law system and Romano-Germanic family. No-fault liability means that the compersation or the liability basing on the damage should be beared by the doers who velates with the damage wheather she or he has any fault or not. Many western countries such as Germany, Italy, Sweden, Swish, have established the no-fault liability in traffic accident. In Auglo-American law system, the no-fault liability has been established by vehicle liability insurance althought there is not any special law on compersation to vehicle damage. In China, the no-fault liability has been estabilished to traffic accident in the Generval Principles of the Civil Law of the People's Repubic of China. But unfortunately, with the enforcement of regulation of the People's Republic of China on Road Traffic Administration, the fault liability replaced the above, and received much criticism and carried out more social problem. And so, the law on Road Traffic Safety 2003 backes to the no-fault liability and regulates the corresponding third party liability insurance.Part Four mainly discusses how to improve the traffic law in our China. China has established the doctrine of no-fault liability and that means a promotion to human rights; but there still has some space to improve; and so the writor holds out some suggestions for the improvement.
Keywords/Search Tags:Doctrine of liability fixation, Fault liability doctrince, No-fault liability doctrine, Third party liability insurance
PDF Full Text Request
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