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The Principle Of Motor Vehicle Accident Responsibility

Posted on:2014-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:X L YuanFull Text:PDF
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As China owns and produces the largest number of vehicles in the world, China has initially entered vehicle society, the conflict between vehicles and road become more prominent which leads to frequent traffic accidents. This paper bases on the principle of motor vehicle accident responsibility combined with compulsory insurance regime study in order to establish a fair efficient and reasonable for motor vehicle traffic accident damages mechanism.This paper is divided into four parts. The first part outlines the motor vehicle accident liability and responsibility principles. It highlights the concept of responsibility and legal characteristics of the constituent elements and introduces the principle of law imputation system with comparisons and descriptions and reckons that principle of fault liability, the principle of presumption of fault, no principle of fault liability as the product of law from the subjective to the objective imputation, has its own value. It proposes the notion that vehicle accident responsibility principles should gives priority to protecting the right to life and the right to health, based on national conditions and diverse relief coordination mechanisms, to improve the efficiency of traffic dispute resolution.The second part analyzes the vehicle liability principle legislative evolution and comments. Recalling the transformation of vehicle accident responsibility evolution and discusses the revised <Road Traffic Safety Law> responsibility principle applicable system and summarizes on the interpretation of previous legislation and theoretical study of the differences. It pointes out that there is the risk of misunderstanding of the motor vehicle under the current system and problems on compromise legislation which brings understanding of differences, how to pay compulsory insurance liability limit for the lack of liability law and the imputation principle and uncoordinated development.The third part compares the examples of vehicle accident responsibility principles study of comparative law. Through the study of civil law of Germany, Japan, France, England and the U.S. vehicle traffic accident liability insurance responsibility principles, irrespective of responsibility principle, it is the most important to base on national circumstances and choose the most suitable to their own legal traditions of the legal system to find the best fit between the various systems point, emphasizing coordination between the various systems that prevent harm reduction occurs, provide relief to victims in a timely manner thus the offender is liable for the decentralized functions into full play in order to achieve legal and social effects of unification.The fourth part describes the principle of liability vehicle accidents construction and the perfection of the system. I think we should clearly pay compulsory insurance of vehicles within the limits of liability without fault party independent responsibility to construct the principle of liability without fault and to establish fault liability principle of presumption of fault liability principle coexist together to play a role in multiple imputation system. And it elaborates multiple imputation system meaning and put forward relevant proposals concerning "Road Traffic Safety Law" amendment and the existing traffic mechanisms, imputation principles and coordination of compulsory insurance system.
Keywords/Search Tags:principle of liability, fault-liability, presumed-fault regulation, principle of liabilitywithout fault
PDF Full Text Request
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