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Undertaking Infringement In Many Cars Serial Collision Accident Motorway

Posted on:2018-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
GTID:2346330512960004Subject:Law
Abstract/Summary:PDF Full Text Request
With the national highway construction, the number of people to maintain a surge in the number of vehicles for the construction of a national highway network, to promote the rapid growth of the national economy, to facilitate the exchange of material, to make a prominent contribution. But followed by a sharp increase in the number of traffic accidents occurred on the highway, and a large number of serious accidents, to the people's lives and property caused significant losses.Highway because of its particularity, complex causes, pile-up its responsibility divided accordingly increase the difficulty, many car pile-up accident, for example, all kinds of legal relationship is complex, the resulting liability issues also become the difficulty in the judicial practice. Judge in judicial practice, many cases to the division of responsibility main body, bear has a different point of view of legal liability, a similar situation has different decision, therefore,in many cars collided traffic accident cognizance and division of responsibility, the main responsibility is to accurately apply the law must be clear.Highway motor vehicle accident, car collision accident is more complicated tort relationship is complex. Traffic accident tort relationship is mainly composed of "law of road traffic safety" and the tort liability law adjustment, but in terms of current status, and still can't meet the judicial practice, these problems are to be legal and judicial explanation shall be further defined and refined, to more conducive to balance the interests of all parties in the lawsuit, protect the rights of the victim's relief, and promote social harmony and stability. The author combines own work practice, this article from the characteristics of highway serial collision accident,accident, and the perspective of damage compensation for such infringement legal analysis research, on how to accurately identified many cars collided traffic accident damage compensation, and the main responsibility of the accident caused by the loss of responsibility sharing problems were analyzed, and Suggestions to consummate the current road traffic accident compensation system, and construct the dominated by state aid funds, tort liability and insurance as basic elements of accident compensation system, in order to maximize the relief for the victims and share the infringer liability risk.
Keywords/Search Tags:Expressway, Road traffic accident, Pileup, Tort Liability, Insurance, Social Assistance Fund
PDF Full Text Request
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