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Motor Vehicle Traffic Accident Compensation Issues Research

Posted on:2015-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:P HuFull Text:PDF
GTID:2296330422970126Subject:Law
Abstract/Summary:PDF Full Text Request
As the first car and the rapid development of economy, the advent of motor vehicles asthe main vehicles driving on the road. Motor vehicle to bring fast and convenient people’s lifeand at the same time add note to the people’s life more unstable, or risk factors for motorvehicle traffic accident frequency and of great destruction, destructive, has brought peopleshocking loss and shock. A large number of motor vehicle traffic accident compensation casesfull court case, became the part to be reckoned with in the case. Countries in the world formotor vehicle traffic accident related legal norms to some extent control standard motorvehicle behavior person, and the development of insurance business shifting risk, compensatethe loss. But still have a lot of problems in motor vehicle compensation cases emerge inendlessly, in order to solve the problems existing in the judicial practice of contention, as wellas promote the construction of the rule of law society, this article mainly research of motorvehicle traffic accident compensation cases controversial point that is, first, after motorvehicle traffic accident compensation liability problems; Secondly, after the traffic accident,whether the compensation to insurance company operating the vehicle’s\"third person\" afterthe accident, the process of operating losses; Third, after the traffic accident, accident partiesin road traffic accident compensation and itself against other types of insurance under thecondition of competition, how to obtain compensate. From two aspects of theory and practiceare analyzed. From operating losses in the motor vehicle traffic accident compensation andinsurance competition aspects discussed, the motor vehicle traffic accident compensationsubject, imputation principle, judicial practice and statistics are also discussed. After I checkdata and to ponder earnestly, the author believes that the insurance company should be liablefor the third person’s operating loss compensation, and puts forward the principle of a seriesof methods. At the same time the author, after the motor vehicle traffic accident insurance inthe situation of the competition after the also puts forward his own Suggestions about how todeal with. Hope to have a positive effect on judicial practice.
Keywords/Search Tags:Traffic accident, The compensation, Attribution of liability, Operating lossesInsurance competition
PDF Full Text Request
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