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The Principle Of Contributory Negligence In Rail Transport Personal Injury Compensation The Applicable

Posted on:2016-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:S J ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
The principle of contributory negligence is an important principle of compensation for damage in shared responsibility. Because of the railway transport industry at present is under the state monopoly of special industry, application in railway transport, personal injury compensation cases in the principle of contributory negligence is not only related to the victim and the responsibility of the railway sector to bear, but also relates to the social stability. How to apply this principle to the legal effect and the social effect of the judicial personnel under the special condition. Thus, in order to understand the negligence offset principle in railway transport, personal injury compensation cases in the application, the author collected and selected 26 court verdict sample, using empirical analysis method,comparative method and other methods are analyzed.This text is composed of four parts except the introduction, the main contents are as follows:The first part is the question: to the relevant legal text as the starting point. In order to understand the application of pragmatic departments of the principles, the author collected 44 verdict, according to the writing need to be singled out for 26 articles were analyzed and summarized, find court in such cases to accurately apply fault balance principle can avoid three focus issues: whether the victim had estrangement railway transport enterprise whether to make the security protection, warning the obligations and the railway transport enterprise bear the responsibility division of the share. And the difficulty of applying the focus of the analysis.The second part is the railway transportation personal injury identified the victim fault compensation principle of contributory negligence when applicable. The nature of the victim's fault is qualitatively analyzed, and then the type of victim's fault in this kind of case is analyzed, and the standard is analyzed.The third part is the railway transportation enterprise safety protection, warning and other obligations of the identification. Firstly, the theoretical basis of the obligation is analyzed, and then the content of the obligation is described, and the standard to determine the use of the standard in specific cases is finally analyzed.The fourth part is the division of compensation in the application of the principle of contributory negligence responsibility share of personal injuries in railway transport. In thesecond part and the third part, how to make a reasonable proportion of the responsibility of the division, according to the comparison of the fault, the reason for the comparison of the traditional point of view, put forward such cases should be used in the comparison of the fault,the reason for the comparison of the Division standard.
Keywords/Search Tags:contributory negligence, victim negligence, causative potency, liability division, safety protection
PDF Full Text Request
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