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The Improvement Of The Theory Of Passenger Personal Injury Compensation System

Posted on:2017-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z B DaiFull Text:PDF
GTID:2336330488975071Subject:Science of Law
Abstract/Summary:PDF Full Text Request
passenger's personal injury" three basic types.Passenger's basic principles on compensation for personal injury,according to different situations,one for each of the carrier no-fault liability principle,negligence offset principle,principle of damage and injury prevention.Passenger's personal injury compensation claims for direct victims suffered a personal injury.If the direct victim died,according to the law shall be applicable to the case on compensation for personal injury to explain,and the victim has raised the legal relationship is raised and the victim after the death of close relatives can be used as the passenger's personal injury compensation claim.Passenger's personal injury compensation obligation for directly led to the passenger's personal injury of the carrier and direct cause passenger personal injury to a third person.Passenger personal injury compensation in accordance with the victim suffered varying degrees of personal injury,compensation can be divided into general damages,compensation for disability,and death three concrete form.Passenger's personal injury compensation claim procedure refers to the passenger personal victim process of exercising the right of claim of compensation according to law.Right person usually can claim with the reconciliation,the obligor to compensation shall in the relevant departments of the auspices of the mediation and litigation procedure claim their rights.Is responsible for the claim that has his domicile or where the living place for urban residents or rural residents per capita disposable income of the burden of proof.Although passenger's personal injury compensation system has relatively perfect in our country,whether from the entity or program,"passenger's personal injury victim" per capita can obtain a degree of relief,but remain indistinct definition of passengers in the legislation,judicial practice,do not have a unified compensation standard and other defects.Suggestions to perfect the related legal laws and regulations,the contract law of the contract of carriage of passengers related section,clear the definition of the passenger,establish the passenger personal injury punitive damages provisions,to fully protect the victim's rights.
Keywords/Search Tags:passengers personal injury, injurious consequences compensation system, punitive compensation
PDF Full Text Request
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