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Study Of Road Traffic Accident Liability

Posted on:2015-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:C WuFull Text:PDF
GTID:2266330428985059Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the important issues in the field of civil infringement, damages for road accidents in recent years, attracted widespread attention. On the one hand, traffic accidents and damages the interests of every individual citizen is closely related, on the other hand, to give victims of road traffic accidents timely and effective relief, justice and the law reflects the dignity of society. To this end, China has promulgated and implemented the "Civil Law","Road Traffic Safety Law,""Tort Liability Act" and other laws and regulations, part of a series of regulations, judicial interpretation, in order to standardize and improve road traffic accident damages. However, with the development of social economy, the number of vehicles and drivers increased emerging variety of complex situations, Damages in cases of road accidents are still many practical issues remain unresolved, need to combine the existing law on the problems studied, discussed.In this paper,"Tort Liability Act" Perspective, more comprehensive discussion of the recent controversy about the accident damages issue. In addition to the introduction and conclusion, this article from the five aspects are discussed. The first part, on the basis of a brief introduction of road accidents and road traffic accident damages liability concepts, discusses the road traffic accident damages constituent elements, while the "Tort Liability Act" enacted on road traffic accident damages significance are summarized. The second part focuses on liability for damages from responsibility principle aspects are discussed, liability for damages expounded the principle of development in our country, meanwhile, from the perspective of learning for the world road traffic accident damages Liability principle a comparative study, then on the responsibility principle suitable for China were discussed, and discussed the subject of two special responsibility principle by analogy method. The third part, on the basis of analyzes and discusses the main responsibility for damages on the main responsibility studied under a variety of circumstances. The fourth part, the scope of exemptions liability for damages and compensation for in-depth explanation. The fifth part, proposes the counter-measure to the current main problems exist in the compensation for damages.
Keywords/Search Tags:Road traffic accident, Damages compensation, Imputation principle, Tort Liability Act
PDF Full Text Request
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