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Research On The Traffic Accident Tort Of Motor Vehicle

Posted on:2017-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:S T YaoFull Text:PDF
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The traffic accident tort of vehicle always has long been controversial in our country. There are many cases hasn’t reach an agreement and people may give a lot of views in many cases and theoretical research. At present, although our country has been published relevant laws in tort damages of motor vehicle traffic accident for resolving the dispute deeply, but there are still defects in the trial practice, this article may give four parts and analysis of motor vehicle traffic accident tort damages.The first part is about cognizance the motor vehicle traffic accident tort theory of causality. In theory, causality is always the components of the infringement, and on the other hand, causal relationship is the necessary condition to determine the parties bear the responsibility in the court trial practice. So it’s very important to cognize it. The current how to cognize the tort compensation of motor vehicle traffic accident still have different opinions, the author embarks from the case, by the theory with practice, finally put forward some views on the causation cognizance of such cases.The second part is the tort compensation for damages in motor vehicle traffic accident imputation principle. Our country legislation in this aspect can be divided into three types, the author thinks that starting from the practice, find it still have deficiencies, and comparing to foreign legislation for motor vehicle traffic accident tort imputation principle, points out the deficiencies and puts forward relevant perfect advice.The third part is the cognizance of the subject about the responsibility of tort damage compensation of motor vehicle traffic accident, the author that I think that this part is the most flawed of legislation in our country, in the form of the enumeration of legislation, practice as the main responsibility is not only existing several controversial, but also can’t contain the new subject to the responsibility tort. So only go to find a way to remedy after the damage occurred, our legislation in urgent need to perfect.The last part is the analysis of the infringement of motor vehicle traffic accident damage compensation, according to the particularity of such cases, analysising how to apply the negligence offset principle of in our country, according to the case of a dispute over compensation, explain the instability of the current compensation principle and the application of the principles of incomplete compensation.
Keywords/Search Tags:motor vehicle traffic accident tort damages, causal relationship between identified, imputation principle, the subject of tort liability
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