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Road Traffic Accident Damages

Posted on:2008-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhuFull Text:PDF
GTID:2206360245459944Subject:Law
Abstract/Summary:PDF Full Text Request
Based on our road traffic accidents analyzed the status quo of the damages, as well as by Japan, the United States, Germany, France, road traffic accidents in Taiwan damages attribution principles and mechanism for compensation comparison study to tort theory, the theory of liability insurance guide to Road Traffic civil liability for damages arising from reason, attribution principle, the civil liability of theoretical analysis finds that while the civil commitment and play an important role in sharing the mandatory liability insurance the cause, classification(Mandatory liability insurance and no-fault insurance), the characteristics of the target with free, compulsory liability insurance and civil liability and the relationship between the systematic research, I believe that: My established with the non-motorized vehicles, pedestrians between strict tort liability principles and compensation mechanism established by the no-fault insurance absorption thinking of the state compulsory liability insurance model the thrust is correct, there is no question abolished, the judicial practice of the emerging issues only in the existence of the compensation mechanism design flaw (if necessary the introduction of fault offset mechanism, etc.), there is no fundamental errors and should be available only on the basis of further improvement.At the same time, relevant content of this paper, the following views: the main road traffic accidents by the establishment of strict liability tort principles insured drivers fault with the principle of the responsibility dual system; "the TAC strong risk" to amend the existing problems views on road traffic accident victims to seek judicial relief system when the evidence put forward new ideas; exploring the introduction of the compensation mechanism specified amount of money in the system of compensation mechanism, the most prominent "the same fate at different" serious violations of human equitable terms as soon as possible such amendments.The purpose of this paper is: to damages of road traffic laws and regulations has improved steadily and judicial practice to the implementation and maintenance of the unity of the authority of the law, in order to eradicate the growing problem of traffic accidents in China's disaster and make the isolation of .
Keywords/Search Tags:Tort Liability strict, no-fault liability insurance, mandatory liability insurance, down payment amount
PDF Full Text Request
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