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Traffic Accidents Civil Tort Liability Practice Analysis

Posted on:2014-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:H Y YuanFull Text:PDF
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Responsibility Principle is to determine the attribution of responsibility principle,in the system of tort law as a core theoretical position in the judicial practice also has aguiding position. The face of increasing road traffic accidents, road accidents TortLiability Principles establish more practical significance. China’s current "Road TrafficSafety Law" is the law of tort system, an important legislative achievements, whichpromulgated a milestone of great significance. However, the law of road trafficaccidents in the Principles of Responsibility "dual system" in the judicial practice hasexposed some problems, the face of this situation, it is necessary for road trafficaccident responsibility principle to conduct in-depth study put forward reasonableproposals.Responsibility Principle is the most important part of the principle of fault liabilityand no-fault liability principle, the same, China’s "Road Traffic Safety Law" stipulatesthat the responsibility principle "dual system", it is also by the two parts. Principle offault liability reflects the simple concept of justice, a direct response to the law of the"freedom" and "responsibility" values, which are reflected in the infringement waspunished wrong visual image, more in line with people for things covered by socialphenomena the basic value criteria. Without the principle of fault liability in road trafficaccidents attributable to the application of principles but the main reason is its ideologyof social legislation in line with modern thought, is tendentious care legislation forvulnerable groups, the pursuit of "substantive fairness", by the average socialresponsibility sharing ideas reflected in the legislation. Especially in traffic accidentscaused personal injury compensation cases, no-fault liability principle of fault liabilityhas to make up for the deficiencies of unity, reflecting the need for its existence."Road Traffic Safety Law" provisions on the responsibility principle is reflected in its Article76,this provision establishes the "dual imputation system." How ever, through the provision of analysis, we can see that that provision is not reasonable,therefore,which must be carried out renovation and remodeling.
Keywords/Search Tags:Road traffic accidents, tort liability, fault liability, principle of liabilitywithout fault
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