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The Analysis Of Problems Of Compensation To The Vehicled Depreciation Loss

Posted on:2017-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2336330491461522Subject:Science of Law
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With the expanding quantity of vehicle, road traffic accident happens frequently and people suffer severe personal injury and pecuniary loss. As one of pecuniary loss in road traffic accident, vehicle depreciation loss is gradually becoming focus paid attention by people in dispute of road traffic accident. Depreciation loss is made up of technological depreciation loss and depreciation loss in transaction. Vehicle depreciation loss, on the one hand, is actually technological depreciation produced in vehicle itself. On the other hand, vehicle depreciation loss is also depreciation loss in transaction formed by common psychological factors. Because of failure to identify it uniformly, there is a dispute about compensating the vehicle depreciation loss in juridical practice. In addition, the confusion on compensating the vehicle depreciation loss in our country also derived from the absence of studying and discussing in theory and failure to study in type, which results the confused situation of compensating vehicle depreciation loss in juridical practice and impairs authority of law, fails to provide anticipated standard. Therefore, for our view, in order to identify the vehicle depreciation loss uniformly, analyzing comprehensively in theory, we should affirm the position of vehicle depreciation loss again and uniform it in theory. Meanwhile we should study in type the factors influenced result of the compensation of vehicle depreciation loss and take it into later juridical practice. In short, the vehicle depreciation loss should be solved fairly and reasonably by the combination of theory and practice. In addition, in the institutional construction, on one hand, the evaluation program for vehicle depreciation loss should come into standardization. The amount of the loss should be measured fairly by the standardization of the evaluation program, which can give other institution a hand. One the other hand, the compulsory insurance of vehicle for road traffic accident have the function to disperse damages, which is useful to mitigate the responsibility of wrongdoer and is useful to compensate victim. Hence, the vehicle depreciation loss should be taken into the scope of the compulsory insurance of vehicle for road traffic accident. It can play a full role of the compulsory insurance of vehicle for road traffic accident.
Keywords/Search Tags:Vehicle depreciation loss, The system of damage, The compulsory insurance for road traffic accident, consideration factor
PDF Full Text Request
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