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Research About The Subject Of Right On Personal Injury Compensation

Posted on:2017-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:M JinFull Text:PDF
GTID:2336330512968307Subject:Law
Abstract/Summary:PDF Full Text Request
Personal injury compensation is one of the people's court accepts the cases of infringement of the main types.In judicial practice,the scope of compensation on the right subject,namely life or personal injury damages of the right holder,the holder of the indirect and direct close relatives in the substantive law provisions differ,lead to chaos and language expression of the subject of litigation.In order to reduce and avoid the occurrence of the above phenomenon,and ensure the correctness of legal thinking and reasoning.In this article,the author that want to analysis the scoping about the right holder on damage to life or personal injury compensation.In order to maintain the same life real state and legal relationship,which helps to a correct understanding and application of law,fully protect the legitimate rights and interests of the parties,to reveal the law fairness and justice,law and order and orderly.In this paper,the main body content is divided into five parts:The first chapter is the definition of right subject on compensation for personal injury.The first part of the meaning of compensation right subject discussed,and the subjects of rights and obligations of personal injury compensation.The second part is to analyze the right subject of general requirement on compensation for personal injury,including the capacity of rights,damage fact,and a causal relationship from four aspects.The second chapter in the first part elaborated the basic theory of the right holder directly on compensation for personal injury.The second part is the right holder of the person having a complete civil capacity compensation,there is no capacity for civil conduct or with limited capacity for civil conduct of the right holder,the holder of the multiple compensation directly to study the three kinds of situations.The third chapter discusses the basic theory of the holder of the indirect on compensation for personal injury firstly.Followed by the analysis of the holder of the indirect type,including by the victim to undertake this duty is in accordance with the spouse,hinder the indirect victim of marriage and family relations and reflective spirit damage of indirect victim.This part analysis highlighted the holder of the indirect and the difference of the dead relatives.The fourth chapter is about the personal damage compensation right main body of the deceased relatives were discussed.The first part is the dead relatives can be used as the theoretical foundation of the right subject.The second part according to claim the object content,analyzes the close relatives as the basis of compensation of rights and the sequence.The fifth chapter is a combination of the current legislation and judicial practice,puts forward various on compensation for personal injury compensation right main existing problems and improvement Suggestions.The legislation did not define the dead relatives range rigidity,close relatives determine issues such as the case of the absence of right subject,the reasonable suggestions are presented in this article.
Keywords/Search Tags:The holder of the direct, The holder of the indirect, The relatives of dead
PDF Full Text Request
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