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Theory Of Motor Vehicle Traffic Accident Damage Compensation Liability Subject

Posted on:2013-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y F YangFull Text:PDF
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In recent years, with the substantial increase in the number of motor vehicle, damage compensation cases caused by the vehicle traffic accident surge, which triggered the dispute has become a hot topic in social life. In the processing of vehicle damage compensation cases, we first need to determine the subject of liability of compensation for damage, because only the subject of compensation liability is to be confirmed, the victim’s loss can obtain timely and effectively. So it is a question that how to determine the responsibility subject of vehicle traffic accident damage compensation, and this has caused great controversy. All the arguments focus on the identification standards of responsibility subject. Domestic and foreign scholars also have put forward many standards for it. Typical representatives are "transportation provider" of Japan and "halter" of German. For the interpretation of "transportation provider ",the most representative is "two point theory" that regards "transportation provider" as the person that the benefit and control of the vehicle belonging to. So if someone should answer for an accident that is depended on if he has benefited and controlled of the vehicle. For the interpretation of "halter", it is emphasized the person who has the fact disposition right. In china, although there isn’t uniform regulation, universal standard is also "two point theory ".But the author has different view for this.The author thinks,operation benefit is nothing but the expression of operation control.The mainly reason of the vehicle traffic accident is in the person of controlling motor vehicle. Once the motor vehicle is operating,it has the danger to lives and property. The person of controlling motor vehicle uses and causes the damges,so he must be responsible for the damges. So,the author thinks the standard of the subject of compensation liability is "operation control"...
Keywords/Search Tags:The vehicle traffic accident, The subject of liability of compensation fordamage, Recognized standard, Operation control
PDF Full Text Request
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