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On The Identification Of The Responsibility For Highway Accidents

Posted on:2015-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2356330461473420Subject:Law
Abstract/Summary:PDF Full Text Request
Highway defects means the incomplete and incompetent status on the highway's set and management, which causes the highway lack of security that normally should have.The cases of user's personal or property damage due to the defects in highway setting or management, lacking normal road traffic safety are increasing.Highway management has been compared with the initial increasingly strict and standardize for long-term exploration practice and constant improvement. With the strengthening of the development of the rule of law and people's awareness of civil rights, problems and defects on the highway management have become increasingly apparent.Sues on the highway operations management flaws is caused by liabilities breach and tort liability or both, which brings no benefits to undertake responsibility in law or protection of victims' relief.And the results of different treatment of similar cases also exposed the defects of the theory and practice of the handling of such cases. The setup and management of the highway is more regulated and strict than ordinary roads, according to its management and institutional financing sources can be refined into many types of the resulting defects Damage Inflicted types there are a lot different from the ordinary road.Currently there is no unified conclusion or research on such issues, and simply defines this as one type of road, and categories it into research on public facilities Damages Caused and did not highlight the highway special points. Therefore, under the current judicial practice, it is very necessary to have a specialized research, which is also the core of this article.This article aims to how to identify highway defects accidents from Tort law perspective.The first part of this paper discusses contradictions on the typical highway defects including highway defects definition and compensation on highway defects, it is thought to be the civil compensation, rather than State Compensation, which can be found hereunder.The second part of the paper discusses how the the joint tort system in the Tort Liability Act to contribute to the identification of highway defects accident. It is firstly expounded road defects Principle of Liability leading to the deep meaning of common tort system; secondly it is revealed the application of joint tort system in highway defect accidents, which can be learned from two typical highway accident analysis and fully demonstrated the effectiveness of the joint tort system.The third part of the thesis is to show the social values of identification on highway defects by Tort Liability Act and clarify that the insurance is the protection of the flaws accident injured party.Finally, the author make some comment on the Tort Liability Act, such as the identification of joint liabilities breach, the application of joint reasonability,improvement on highway monitoring system, so that more facts and legal effect can be used in law suit.
Keywords/Search Tags:Tort Liability Act, highway defects, Joint infringement, several liability
PDF Full Text Request
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