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Research On The Damage Compensation Responsibility Of Motor Vehicle Accidents

Posted on:2018-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiFull Text:PDF
GTID:2336330536959268Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China's economy and automobile industry,motor vehicles as a convenient means of transport has become an indispensable part of people's work and daily life,the number of motor vehicles increased year by year,people's work efficiency and pace of life is accelerating.Can not be ignored is that motor vehicles in the lives of many people to bring convenience,but also caused some harm,the most direct harm is the traffic accident,with the increase in the number of motor vehicles,traffic accidents have increased year by year,the accident The damage caused by the problem such as personal injury,property damage can not be timely and effective solution,but also to people's physical and psychological harm caused by great.In the face of the severe situation of the traffic accident compensation cases in China,China has promulgated a series of laws and regulations such as "General Principles of Civil Law","Road Traffic Safety Law","Tort Liability Law" and related judicial interpretation to regulate this,hoping to further reduce The occurrence of traffic accidents,an effective solution to accidents caused by personal and property damage compensation.However,with the increasing complexity of compensation for traffic accident damages,there are still many specific problems are not resolved,the amount of compensation for damages in different cases and the extent of compensation issues,how to determine the case of different subjects of responsibility,domestic and foreign traffic accidents The principle of liability imputation,how to build a unified traffic accident damages law.In this paper,on the basis of consulting relevant theories and laws and regulations,this paper combs and studies the unresolved problems of compensation for motor vehicle traffic accidents,and puts forward some opinions.In addition to the introduction and conclusion,this article from four parts mainly introduces the liability of motor vehicle traffic damage academic issues,the first part describes the motor vehicle traffic accident damage liability summary,motor vehicle traffic accident damage caused by the reality of the case Problems and the "Tort Liability Law" promulgated on the role of compensation for motor vehicle traffic accidents,and so on the current situation of motor vehicle traffic damage compensation and make a brief overview of the content for the latter pave the way.The second part is the legal recognition of the liability for motor vehicle traffic accident damage,and further analyzes the liability principle,responsibility constitution,liability subject and exemption cause from the perspective of jurisprudence theory.Theory to compare and study.The third part is the basic responsibility form and the commitment way of the liability of motor vehicle traffic accident damage.It briefly introduces the basic responsibility form of the liability of motor vehicle traffic accident compensation from the three aspects of substitution responsibility,self responsibility and joint liability.From the personal injury compensation And property damage compensation in two aspects of the motor vehicle traffic accident damage liability.The fourth part introduces the perfect path of liability system of motor vehicle traffic accident damage.After analyzing the core content of the liability of motor vehicle traffic accident in our country,after analyzing the unresolved problems in our country,through perfect compulsory insurance system,This paper puts forward some opinions of the author,and completes the systematic combing of the compensation system of the motor vehicle traffic accident in our country.Firstly,the author puts forward some suggestions on the compensation system of the motor vehicle traffic accident.
Keywords/Search Tags:Motor vehicle traffic accident, principle of imputation, damage compensation, main body of responsibility
PDF Full Text Request
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