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Identification Of The Compensatory Subject Of Liability In Motor Vehicle Traffic Accident Damages

Posted on:2018-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:W J DiaoFull Text:PDF
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In China's economic strength increased at the same time,the people's quality of life is greatly improved.China's road construction,the development of transportation industry,prompting more and more people choose to have their own vehicles.People enjoying the motor vehicle bring rapid,convenient and practical at the same time also want to take because of motor vehicle traffic accidents caused by the loss.In motor vehicle traffic accident,who is the accident damage compensation liability subject,who should be responsible for the victims,often become the focus of controversy.In this paper,proceeding from China's national conditions,draw lessons from foreign experience in theory,etc,in view of the motor vehicle traffic accident damage compensation liability subject identity problems are studied and discussed.The article introduction part first simply introduced the selected topic background and significance of topic selection,and then discusses the about of motor vehicle traffic accident damage compensation liability subject that problem research status of domestic and foreign research present situation,finally recounted in this paper,the research method adopted,and the author in the article that the innovative content of.Article in the second part discusses the concept of motor vehicle traffic accident damage compensation liability subject and the difference between its and related concepts,then lists the prevailing abroad,the main relevant theory and carries on the analysis and evaluation.The third part of the article is first lists the current related laws,regulations and judicial interpretations and discussed for the first,and then based on the related theory of abroad and our country before stated.The research content of this paper has a certain practical significance.For now,don't have a clear about traffic accident damage compensation in our country's laws and regulations,but in reality and an urgent need to the provisions of the relevant contents to solve the problem.The total number of motor vehicles across the country are increasing,people and frequent use of motor vehicles,traffic accident is understandable.Although there is a small injury caused by traffic accident,but taken together the damage is to be reckoned with.Therefore,the standard of motor vehicle traffic accident compensation liability subject for theunity is the special needs and quite important.Implemented in practice after the traffic.accident to determine the accurate person and the target of the subject of liability,the most direct benefits can be seen in the party can make damage are fully compensated;In the reasonable distribution of responsibilities between the main responsibility,reduce disputes between the main responsibility;Conducive to the relevant authorities in a timely manner,the determination of accurate damage compensation liability subject and share the responsibility,so as to maintain the authority of the law,then to promote the construction of a harmonious society,rule of law society has a certain degree of significance.The author in the process of the preparation of the article and writing mainly adopted three kinds of research methods.One is the survey method,this article is the author during my internship in court after the court cases related information,contact motor vehicle traffic accident case,analysis,problem,case study and communication with the tutor selected research direction.In the specific social practice,to decide how to deal the subject of liability of motor vehicle traffic accident problems do exist,need further research.Second,comparative analysis,this paper USES the same problems comparing with the relevant contents of different countries,the same problem with the same countries in different periods of the relevant provisions of the method of comparative study,to use for reference the experience of mature,theories,laws and regulations,etc.,make up for our country in that traffic accident compensation liability subject deficiency.Three is literature analysis method,this paper adopted the method of literature research analysis,the related literature of different countries or areas abroad was studied,in order to gain a large amount of data,the cognizance of the right to a comprehensive compensation liability subject provides a certain theoretical basis,and provide the relevant materials for the paper writing.
Keywords/Search Tags:Motor vehicle road traffic accident, Indemnity for the damage, Subject of liability, Identified
PDF Full Text Request
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