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Research On The Tort Liability In Road Traffic Accidents

Posted on:2013-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhangFull Text:PDF
GTID:2246330374474455Subject:Law
Abstract/Summary:PDF Full Text Request
With economical development and social progress, the use of motor vehicles inChina is becoming increasingly popular, followed by the frequent occurrence oftraffic accidents. From a legal perspective, after the road traffic accident happened,how to protect the interests of the victims and provide effective relief for the victims,and at the same time to maintain fairness and justice, is the problem that thelegislation of traffic accidents compensation for damage faces. Especially, thecriterion of tort liability in road traffic accidents is the core problem of the theory ofroad traffic accident liability, and systematic exploration and study on it has greatimportance. In addition to the introduction and conclusion, the article is divided intofour parts.The first part is about the definition of road traffic accidents. To correctlyidentify road traffic accident liability for damages, firstly we must clearly define theconcept of road traffic accidents, and grasp the composition of road traffic accidentsfrom roads, vehicles and other basic concepts.The second part is about the analysis of the principle of liability attribution oftort liability in China’s road traffic accident. Firstly, from the meaning andsignificance of the criterion of liability, we must analyze the liability principle of tortliability in road traffic accidents of extra-regional countries (regions), from which we sum up reference for China’s road traffic accidents compensation for damages.Secondly, according to the present situation in legislation in our country,we canexplore principles of tort liability in road traffic accident that determined by China’slegislative.The third part is about article76of Road Traffic Safety Law. Mainly on theperspective of the traffic accidents between motor vehicle drivers and non-motorizedvehicle drivers or pedestrians, and through deep exploration of the second item ofparagraph1and paragraph2of article76of Road Traffic Safety Law, we can analyzethe provisions word by word, and combine the judicial cases to resolve the presentsituation and existing defects of legislation. Besides, through holistic approach ofarticle76of the road traffic safety law, the paper states all the responsibilitycircumstances on traffic accidents between motor vehicle drivers and non-motorizedvehicle drivers or pedestrians.The fourth part is about the perfection of the criterion of tort liability in China’sroad traffic accidents. Combined with the dispute in judicial practice, it expresses thelegislation of author through legislative proposals, and proposes that we should beclear of determination standards of the subject of traffic accident compensation fordamage and improve the applicable standard of negligence offset in road trafficaccidents, in order to perfect the relevant legislation.
Keywords/Search Tags:Road traffic accident, Criterion of liability, Motor vehicle side, Negligence offset
PDF Full Text Request
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