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With The Case Of Motor Vehicle Traffic Accident Liabilityinvolving Parties Like Huang Yuhua As Exampl

Posted on:2013-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:C LuFull Text:PDF
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In recent years, the large frequency of traffic accident of motor vehicles has caused serious personal casualty and property loss. How physical and mental loss of the victims and their relatives as well as their property loss can be made up, how the dispute between the actor and the victim can be reconciled to ensure social stability have been the key point of civil justice. The article48of Tort Law of the People’s Republic of China implemented as of July1,2010specifies that where a motor vehicle traffic accident causes any harm, the compensatory liability shall be assumed according to the relevant provisions of the Road Traffic Safety Law. There are specific operating measures on motor vehicle third-party liability compulsory insurance in the compulsory motor vehicle traffic accident liability insurance regulations issued by the State Council in2006. In the Decision on Modification of the Road Traffic Safety Law of PRC by Standing Committee of the National People’s Congress implemented as of May1,2008, Article76was revised as where a motor vehicle meets with a traffic accident and causes personal injury or death or any property loss, the insurance company shall pay indemnity within the limit of the compulsory third party liability insurance liability for the motor vehicle. The part in excess of the liability limit shall be indemnified according to the following provisions. Implementation of compulsory third party liability insurance makes road traffic accident liability more complicated, with co-opetition of disputes on compensation for infringement and insurance indemnity. Under this circumstance, road traffic accident personal injury compensation case has converted from traditional civil case with simple legal relation and application into complicated and difficult case. According to the first and second trial in the whole province, such cases have various form and full of dispute. Through the case study, the problems in the trial and legal issues being reflected can get a comprehensive analysis. In addition, with reference to Tort Liability Law and Road Traffic Safety Law, it’s expected to achieve maximum guarantee to rights and interests of the victim by analysing conflicts which still exist in the application of law and solving liability sharing between the infringer and the insurance company in a traffic accident.
Keywords/Search Tags:liability litigation of traffic accident of motor, liability limit, lawsuitposition, subject of liability, principle of imputation
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