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Study On The Fault Offset System Of Motor Vehicle Traffic Accident Liability

Posted on:2013-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:L Y HuangFull Text:PDF
GTID:2256330395988255Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Fault offset, as a system to determine the offender’s specific damages amount ofcompensation affter idenfying responsibility, affects the liability of the parties in motorvehicle traffic accident. The law of our country provids briefly on the fault offset between themotor vehicle and the non-motor vehicle drivers and pedestrians. There are some problemsboth in theory and in practice, which need to be solved urgently.This paper is divided into five parts, the specific contents are as follows:The first part is the introduction. Fault offset, an important part to determine the liabilityof the affender ot the motor vehicle traffic accident, has its unique significance. Together withother systems, it remedies victims in time and effectively, achieves social stability and reflectsthe fair value of law. So, it’s worthy of study. Through the methods of comparison, legalinterpretation method and case analysis method and so on, we can correctly interpret thissystem, and correctly apply it berween the motor vehicle and the non-motor vehicle driversand pedestrians to.The second part is the overview about the fault offset system and the motor vehicletraffic accident liability. Fault offset, which rduces or remits the offender’s compensationamount, considering the negative factors of the victim in the subjective aspects, is a judgeauthority principle. It is the specific embodiment of the fair and just value of law, and theresponsibility of the civil law principle. Although the no-fault liability applies in the motorvehicle traffic accident between the motor vehicle and the non-motor vehicle drivers andpedestrians, it is necessary and reasonable to apply fault offset.The third part discuss the subject of the fault offset. Making comprehensive use of thetheories of operation control and operation interests to judge offenders, as one party of thesubject. In the presence of vicarious liability, vicarious liability is one party of the vehiclesubject. But as a result of the special provisions of law, the insurer of the motor vehiclecompulsory third party liability insurance needs to be excluded. As a victim, the non-motorvehicle drivers and pedestrians need to have the capacity for fault offset, in order to realize theprotection of the weak.The fourth part discusses the fault in the fault offset. This concept does not include thedeliberate, and should be combined with objective standard and subjective standard of faultjudgment. The method of economic analysis to fault defects, does not fit the situation of ourcountry。Victim fault should be proved by the offender. They also need to prove causal relationship between the negligence and damage occurred or expansed. Traffic accidentcomfirmation is a kind of identification conclusion to prove the fault of the victim. The courtneeds to examine and comfirmation, in combination with other evidence to determine whetherthere is and how much is the victim’s fault.The fifth part studies the specific application of the fault offset. Our country should takethe comparison of fault and causative potency fault as a division of the parties liability basis.There are many problems. For example, our country’s exists legal provisions are too rough,different regions’ standards of judicial are different. We should enhance operability, clear thebasis and specific method of the division of responsibilities by enacting the judicialinterpretation or releasing the typical cases. The proportion of liability between the offenderand the victim should be slightly higher than their proportion of fault ratio. The judge shouldconsider elements such as the nature of damage and accident environment, to determine thespecific amplitude. When it’s appled, we also needs to pay attention to the applicable premise,application effect for the limitation.The sixth part is the conclusion, summarying the paper’s research content.
Keywords/Search Tags:motor vehicle traffic accident liability, fault offset, divition ofliability, fault comparation
PDF Full Text Request
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