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Tort Liability Of Automobile Traffic Accident

Posted on:2014-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2256330425976991Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With China’s rapid growth in vehicle ownership, with accompanying motor vehicleaccidents are also increasingly frequent; legal disputes related motor vehicle accidentsoften hit the newspapers, some of the media "to mislead public opinion" with thepropagation speed of the Internet, enabling citizens to relevant laws at a loss, or even"killed a white hit" kind of misunderstanding, objectively affected the citizens of the roadTraffic Safety Law, or motor vehicle accidents processing knowledge, and even causesome misunderstanding of the legal citizens, serious affect the popularity of the relevantlaws and practices.In fact, motor vehicle accidents are road traffic safety areas, which triggered liability intort law aspects of the problem; Because the consequences of accidents are mostlypersonal and property damage, and is usually directly related to infringement. Therefore,in the event of infringement, how to pass a reasonable set of legal rules to balance theinterests of both parties, it is particularly important. The accident led to the behavior ofpeople, whether it should conduct its intentional or negligent tort liability, how todetermine the main responsibility for the accident, and according to what principles todetermine, will directly affect the handling of the accident. For the victim is concerned, areinfringed most important thing is to pass laws to obtain relief to compensate for thedamage suffered. For society at large, motor vehicle accidents have become a social phenomenon of multiple law must face the resulting variety of issues, both to protect therights of the victims, but also to protect the legitimate interests of victims applied toachieve legal in society "stabilizer" role.In this paper, the composition and motor vehicle accident liability responsibilityprinciple, analyzes Elements of motor vehicle accidents in general and specific constituentelements, according to the relevant provisions of the law on the principle of attribution ofresponsibility for the accident classification analysis. And the focus on analysis of thegeneral responsibility of the main motor vehicle accidents as well as the mainresponsibility under special circumstances after further legal remedies for victims toexplore, analyze compulsory insurance and commercial insurance in motor vehicleaccidents in the handling of the role and specific apply. I try to stand on tort liabilityperspective on motor vehicle accidents. Tort Liability Act is not only complements themain responsibility in road traffic accidents, but also from increased mental damagesdamages contents which show,"Tort Liability Act," the promulgation and implementationof the processing for motor vehicle accidents have considerable a significant positiveimpact.
Keywords/Search Tags:Tort liability, Automobile Traffic Acciden
PDF Full Text Request
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