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Our Country Personal Damages System Research

Posted on:2013-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2246330395480161Subject:Law
Abstract/Summary:PDF Full Text Request
Personal rights as the basis of individual existence and development about the people, is the basis content of human rights.In modern countries, they are fully affirmed in low. China has gradually formed the legal system by the legal department of the constitution, criminal law, civil law, administrative law, labor law, its common security and specification. Which caused damage to personal rights and personal injury compensation system is the key to the protection of personal rights.However, in judicial practice, according to the legal doctrine, according to the identity of the current legal system of compensation for the right residence differences in the scope of compensation, compensation standards difference applied to calculate the injured party should get the personal injury compensationgold amount, results in the same, similar cases referee after contrast is a huge gap between the amount of compensation the victims,"life with different compensation" with prejudice "appears. And respect for life, respect for human rights,"the principle of equality before the law" is completely contrary. In this regard, we should improve our personal damages the legal system, eliminate differences unreasonable provisions in the system.Therefore, under the current personal injury compensation system, the different cases of personal injury accident law applicable to the problem should be:First, to strengthen legislation to improve compensation for personal injury legal system; combing Qing yuan compensation system prevail Tort Liability Act; Third, the unified standard of compensation, the rural and urban non-discriminatory; Fourth, Create a Personal Injury Relief Fund system.
Keywords/Search Tags:Personal rights, Damage, Compensation system
PDF Full Text Request
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