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Airbag Accident Responsibility Research

Posted on:2017-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:T GeFull Text:PDF
GTID:2336330512957251Subject:Law
Abstract/Summary:PDF Full Text Request
With the improvement of living standards,the family car has become a common means of transport,there is frequent airbag accident,and the emergence of the victim because of the burden of proof is difficult to rights difficult embarrassing situation.Because our country in theory and legislation not automobile product liability form normative views in the traditional mode of allocation of burden of proof,the victim in the automotive field disadvantage,the complete airbag defects,defects and damage in the burden of proof of the causal relationship,there is a big difficulty.In the field of automobile product liability accident,only to break the traditional principle of burden of proof,change the inevitable causality view,the imputation principle to clear the principle of strict liability,the causation theory of "probability of causation",form by the victims of the burden of proof,essentially by the producer of proof,as long as the victim can proved that the airbag in serious accidents not pop or only slight collision occurred and caused the chaos pop-up damage,as the burden of proof,the burden of proof remains allocated to producers,if the producer cannot finish the burden of proof,adverse legal consequences is not bear the burden of the.Only in this way can we fully embody the idea of social fairness and justice,protect the legitimate rights and interests of the parties,promote enterprises to achieve good faith,and urge producers to continuously improve product quality.
Keywords/Search Tags:Safety air bag, Accident liability, Probability of causation
PDF Full Text Request
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