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The Research Of The Legal Responsibility On The Substitute Driving Contract And The Traffic Accidents Tort Liability

Posted on:2018-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:G L MaoFull Text:PDF
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According to various social survey results report,it shows that China's annual traffic accident rate increases every year andthe situation continues to rise,and the drunk driving is a major killer that causes the traffic accidents.Therefore,the state inhances the ban on drunk driving to protect the safety of citizens and property from the point of view,and the implementation of the new "road traffic law" greatly improved the punishment of drunk driving behavior,"Criminal Law" also bannes drunk driving behavior.And continue to increase the intensity of law enforcement and punishment,in this situation,the drink industry on behalf of the industry in this policy among the sprout and continue to develop,it can be said that the service industry for the drunk behaiver is to adapt to the new social situation under the inevitable product,It plays an important role in reducing the traffic accident rate and guaranteeing the people's well-being.It also promotes the implementation of the national traffic road law objectively and greatly improves the current situation of high traffic accident rate caused by drunk driving.In view of this,the development of the liquor service industry has not only a broad development prospects,but also no doubt to regulate the status of road traffic safety,which greatly protect the people's lives and property.However,there are also some urgent problems that need to be improved and improved.There are still several problems to be solved in the current contradiction between the two generations of wine,mainly in the following aspects: how to determine the nature of the contract on behalf of the drink,;How to determine the effectiveness of the contract and how to express the decision;The application of Law and the distribution of liability in damage compensation.The structure of this paper is divided into the introduction,the text and the conclusion,and the text contains following three parts to analysis the issues that exists in the contract one by one:First of all,in the first chapter,we mainly analyze the similarities and differences between the typical contracts stipulated by the atypical nameless contract and the contract law,and gradually analyze the legal nature of the substitute contract,and analyzethe similarities and differences in the nature of the major types of contracts of the China Contract Law to concern the applicable principles of the substitute contract.Part of the law on the application of the contract to further develop in-depth analysis of how to determine the law applicable to the method.The first chapter also analyzes the problem of the civil capacity of the contract and the effect of the contract on the substitute party in the state of the drunk state.On the basis of the comparison of the foreign system and the relevant regulations,the article analyzes the legal effect of the drunk party in the signing of the contract and how to protect and safeguard their legitimate rights and interests.The second part is the further analysis of the principle of imputation and the applicable rules of the law on the occurrence of traffic accident in the case of the absence of the corresponding legal norms.In the third chapter of this article,the author analyzes the problems of legal application and the distribution of liability after the infringement of traffic accident caused by traffic accident.The article mainly refers to the law of tort liability of motor vehicles in Germany and Japan regulations and related system design,contact our country on behalf of the driving situation and the actual situation,to determine the responsibility of the contract after the tort liability.And according to compare the different types of damages caused by substitute driving and analysis of the situation,the third part concerns the corresponding distribution rules of tort liability.
Keywords/Search Tags:The contract nature of the substitute driving, Law application, The principle of imputation, Responsible subject, Penalty for damages
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