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Case Analysis Of Tort Liability In Road Traffic Accident

Posted on:2015-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
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In recent years, with the sharp increase in motor vehicles, infringement of motor vehicle traffic accident have appeared in large numbers, have caused great loss of personal and property. How to after a traffic accident, make up the body, spirit and the property of the victims and their relatives of the loss, and the conflict between man and the relaxation behavior, to maintain social stability has become the focus of the content must be considered in civil trial. The legislation also made some regulations on the compensation of road traffic accidents, such as the State Council in2006formulated and promulgated the "motor vehicle traffic accident liability compulsory insurance regulations", the ordinance for the motor vehicle third party liability compulsory insurance provides specific operational approach. The Standing Committee of the National People’s Congress in2008will be "the people’s Republic of China Road Traffic Safety Law" seventy-sixth shall be amended as:"motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions." So far, compulsory third party liability insurance system came into force, the implementation of this system makes the road traffic accident liability mode. Start mode of traditional tort injury compensation, single shift complex situation compensation dispute of tort compensation and other insurance. Road traffic accident compensation from a legal relationship is relatively single, traditional civil case law applicable to relatively simple, into legal relationship between complexity, diversification, litigation law increased the difficulty of complex, difficult cases. From hearing the situation the country a large number of cases of this kind can be seen, this kind of cases in the process, complex, difficult to grasp, and often controversial verdict. In this paper, through the study of typical case, combined with the "road traffic safety law","tort liability act" the relevant laws, in-depth analysis of legal issues reflected in the case, in order to achieve a clear division of the infringer, the insurance company in traffic accident responsibility, safeguard the legitimate rights and interests of the victim, and offer a reference to for this kind of case.
Keywords/Search Tags:Liability litigation of traffic accident of motor, Principle ofimputation, Tort, Compensation
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