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Road Traffic Accident Liability

Posted on:2013-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q B HuangFull Text:PDF
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With the rapid development of China’s economy and the flourishing auto industry, the quantity of motor vehicles are rising sharply. Meanwhile, along the traffic accidents are soaring significantly, which does serious harm to the people’s health and safety. At the same time, kinds of damages disputes caused by the traffic accidents also emerge endlessly. To apply accurately the legal responsibility for liability and define the legal responsibility subject is very vital for preventing and restraining traffic accidents. This Thesis is in line with the principle of the theory with the practice. Some aspects of the road traffic accidents on the legal responsibility are discussed in this paper:The first chapter mainly introduces the concept of road traffic accidents; distinguish between some "traffic accident" and "the traffic accident,""road traffic accident liability" and "road traffic accidents legal responsibility", the concept of which are easily confused, reviewed the road traffic accident the legislative process of legal responsibility.The second chapter analyzed some of various imputation principles and from the two big law system comparison methods that finds that the legal liabilities of multiple criterions of liability principles, and focuses on the article76of the road traffic safety law.The third chapter focuses on the road traffic accidents, the components of the legal responsibility, including damages, fault, causal relationships and proof. Especially for various types of traffic participants of the duty of care, fault of the determination and proof;The fourth chapter according to the law of the road traffic accident, to find the main standards, and combining with the practice, to be sure of all kinds of complicated situations of road traffic accidents.The fifth chapter titled "the legal responsibility system of road traffic accidents ", regarding the country, the government, the society in the road traffic accident liability: compulsory insurance of liability of motor vehicles, a third party, and road traffic accident social relief fund.
Keywords/Search Tags:the traffic accidents, Legal responsibility, criterion of liability, responsibility subject
PDF Full Text Request
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