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Study On Compensation Liability For Motor Vehicle Traffic Accidents

Posted on:2019-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:R HuangFull Text:PDF
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With the development of our country's economy,there has been an explosive increase in the number of motor vehicles,which has led to a sharp increase in the number of traffic accidents in motor vehicles,causing huge losses in the lives and property of the people.How to pass the trial of the motor vehicle traffic accident infringement damage compensation case to make up for the physical injury,mental damage,and property loss of the victim in the accident,how to use the trial to play the law and regulate the role of the motor vehicle management and social role has become important in the current judicial trial problem.Cases of motor vehicle traffic accidents infringement damages are increasingly complex,and may involve multiple parties.In addition to the responsible persons and victims in traffic accidents,they also include insurance companies,motor vehicle owners,or entities related to motor vehicle operations..Infringement of traffic accidents may be combined with other legal relationships or facts,such as leasing,contracting,affiliation,well-intentioned sharing,and robbery.However,China's judicial interpretation of the legal settlement of damages related to traffic accidents mainly adopts enumerated methods that target specific situations.However,in practice,the situation is complex and changeable,and various new situations will emerge.The enumerated laws are lagging and rigid.Sexual,hard to deal with.The definition of the liability of motor vehicle accident victims has not been unified,and there have been many opinions about the form of responsibility.The inconsistency of the theory has resulted in the inaccurate determination of the subject of compensation for traffic accidents in judicial practice,and the joint and several liability has also been arbitrarily applied.This article sorts out existing laws,judicial interpretations,and viewpoints,and discusses controversial issues in practice.
Keywords/Search Tags:Motor vehicle traffic accident infringement, damages Imputation principle, responsible party, scope of compensation
PDF Full Text Request
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