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Theory Of Motor Vehicle Traffic Accident Liability For Damages Subject

Posted on:2014-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:S X NiFull Text:PDF
Abstract/Summary:PDF Full Text Request
This paper mainly discusses how to determine the subject who should take liability to pay compensation in motor vehicle traffic accident. Now disputes of this field still emerge in endlessly, there are many conflicts in judicial application. So this paper discusses the motor vehicle traffic accident damage compensation liability system in our country, puts forward the problems, and draws the conclusions. This paper is divided into six parts.In The first part, based on the definition of the road traffic accidents, combined with the typical case’s analysis and evaluation, I made a definition to the damage compensation subject of the road traffic accident.In The second part, we put forward three questions:There are many legal contradictory and subject confusion, the principle of liability without fault is too strict.In The third part, the author compares and analyses several basic theory about the damage compensation of the road traffic accident. By use the experience of other countries for reference of the advanced legislation and imputation principle, we made a conclusion of why do we choose the principle of liability without fault.In The fourth part, the paper analyzes the relationship between the parties and the definition of traffic accident damage compensation liability subject.In The fifth part, the paper analyzes the relationship between imputation principle and the traffic accident damage compensation liability, then generally summarizes classification.In the sixth part, the author gave some answers to questions, and put forward some improvement suggestions.
Keywords/Search Tags:Traffic accident, Imputation principle, The person who should takeliability to pay compensation in traffic accident
PDF Full Text Request
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