Font Size: a A A

On The Case Of Traffic Accident Compensation

Posted on:2016-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuangFull Text:PDF
GTID:2296330470978226Subject:Law
Abstract/Summary:PDF Full Text Request
Modern societies is full of risk,The relief of unlawful attack and distribution it is an important issue which cannot be ignored in the construction of law system.With the development of Human rights protection,the construction of the social model, The social model realizes the transformation from Supreme state power to protect the legitimate rights interests of citizens.On system construction, dosen’t take recovery of damages,but focus on the subject value standard,Thejudgement of liability for damage,And reduce the damage occurrence with legally binding or provide assistance for victims of benefits.But,during the judicial practice, Tort liability of The traffic accidents have many legislative shortcomings. after the accident,the Existing laws unavailable the injured person get full compensation,and the damage compensation system is not perfect.So,In the traffic accident frequency,how to carrying out legal entity’s duty,make sure victims have been put under full protection,has become urgent problems.When the pickup driver chencrossing the tollgate, the people who working at the tollgate knew that chen was overload, but let him pass.They failed to discharge their safeguardobligations, make chen’sjoint dangersgo unchecked.It increase the risk of the traffic accidents,and the traffic accident happened.In the course of the judicial proceedings, the different parties parted over the issue ofthe causal relationship between go uncheck overload and the traffic accident, and who should be responsible for all the copnsequences.In such cases, At issue is do the tollgate has been exercise their responsibilities, do they has relation between the male faction and result.Therefore, to all these series of disputs the system construction and tried to perfect it is very important.Based on the judicial practice,the tollgate dosenotperforming its duty,and it makes other people under dangerous environment,finally, causes the damages happened, this system still needs to be improved and optimized.All things consideredall responsibility for the different parties behaviour, Not only provided a relief consisted of spirit and material condition, but also is the embodiment of Human rights protection in judicial proceedings, it conditions sort well withHuman rights protection.Therefore, sets up risk-sharing system on traffic accident not only can guarantees the lawful rights and interests of the relative parties but also moveslegislationsystem to towardthe mostimportantgoal. And the key things is it can put in placemechanisms for human rights protection.
Keywords/Search Tags:Risk society, Doctrine of liability fixation, Safeguard for human rights, Causal relationship
PDF Full Text Request
Related items