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Research On Damage Compensation For Road Traffic Accidents In China

Posted on:2017-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2356330512468851Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening-up policy had been carried out in our country, with the development of economy, the number of motor vehicles also had a rapid growth, therefore, it had caused so many serious consequences, such as frequent traffic accidents, serious life or personal injury huge property damage, the damage of the accident has become a public nuisance.As in the process of actual conduct, it involves in so many interests of departments, and multifarious fields, and the Road Traffic Accident has become a social problem, therefore, we should attach more important to it. Even though, the compensation for damages of road traffic accident have been issued many laws and regulations to standardize, while many problems still be existed. For example, a greater dispute in the principles of attribution, and in the system of insurance, the third party system is not perfect, etc. We need to further researches and discussions to resolve all these problems.This topic into five parts. The first part, we should through the analysis of the relevant datas of Road Traffic, and sum up the characteristics of Road Traffic in China and the present situations of the accident compensation. The second part, combines with the actual situation of Road Traffic Accident for damage-compensations in our country, the legal relations in the analysis of Road Traffic Accident, and clarifies the rights and duties in the relationship between different subjects. The third part, analyzes the evolution of Road Traffic Accident in the principles of attribution, and the existing rules, learning from the advanced ideas of other countries. The fourth part, the comparative analysis of the national compulsory liability insurance systems of the insured, the compensation systems and a-third-person rules, as well as the provisions on Road Traffic of relief fund system, so it provides theroretical support for our country insurance and form a complete set of system. The fifth part, in view of the Road Traffic Accident compensations for the actual situation in our country, it has based on the principles of imputation, insurance systems and the advices of social relief fund systems of Road Traffic Accident. We should complete the systems of Road Traffic Accident for damage-compensations step by step.
Keywords/Search Tags:Traffic Accident, Compensation for damages, Doctrine of liability fixation, Remedy
PDF Full Text Request
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