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Legal Analysis Of Motor Vehicle Traffic Accident Responsibility Disputes

Posted on:2018-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z J RenFull Text:PDF
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With the surge in the number of motor vehicles,motor vehicle traffic accidents are increasing year by year,but because of the complexity of the law and the traffic accident case itself lag,cause the judge different views on the motor vehicle traffic accident case,some sentence cases have occurred,seriously affected the judicial authority.The selected cases in this paper are motor vehicle and non motorized vehicle accidents,which cause one death and one serious injury.At the same time,the defendant violates the criminal law and constitutes the crime of causing traffic casualties.The plaintiff constituted grade ten disability.In the criminal trial,the plaintiff and the defendant reach a settlement agreement on the civil part,and compensate for the previously incurred medical expenses,loss of working time,nursing expenses and disability compensation.After the plaintiff's condition deteriorated,he was hospitalized again and constituted six disabled.In the meantime,the plaintiff's son was born.The case has the following controversial focus: first,non motor vehicle damage to motor vehicle property should be compensated?."Road traffic safety law" provisions,motor vehicles and non motor vehicles,pedestrian traffic accidents,non motor vehicles and pedestrians have no fault liability for motor vehicle accidents,all negative,there is evidence that non motor vehicle drivers,pedestrians have fault,reduce the responsibility of motor vehicles,non motor vehicles,no provisions of responsibility,the author thinks that the non motor vehicle damage to the vehicle should be compensated,but does not apply the principle of presumption of fault,and the fault principle should be applied,the compensation for motor vehicles to the degree of fault.Two,can the concurrence of criminal and civil cases require mental loss?.The judicial interpretation of the provisions of the criminal procedure law,criminal cases,the victim filed a criminal incidental civil lawsuit filed a separate civil litigation request rejected or spiritual loss,the author thinks that the prosecution,concurrence of criminal and civil cross case type,the victim filed a separate civil litigation,tort liability shall be in accordance with the law and the supreme law on compensation for personal injury judicial explain and support the spirit of solatium,and gradually modify the criminal law,construction of mental injury in criminal incidental civil cases of pension system.Three,the person who is brought up later than the accident may ask for the living expenses of the dependant.The law only provides for the dependant,but does not specify the time node for the dependent person.The living expenses of the dependent person are affected by the disability of the victim and the duty to support the dependant,so the time node determined by the dependent person when the victim is disabled shall be determined.At the same time,the right to claim the living expenses of the dependent person should be kept.Four,litigation costs and assessment fees borne.In road traffic accident cases,insurance companies often refuse to pay litigation fees and appraisal fees in accordance with the contract.However,according to the relevant provisions of the insurance law,the insured shall bear the cost of the identification of the cause of the accident or the loss of the target.Therefore,the insurer shall bear the appraisal fee within his insurance limit.The excess shall be borne by the parties to the accident in accordance with the proportion of the responsibility.Legal fees,underwriting the insurance company to produce costs has no fault,not to bear the litigation costs,fault,to bear the litigation costs in the insurance limits,the excess shall be borne by the parties in accordance with the proportion of liability,commercial insurance company to the insured costs bear vicarious liability.Five,the adoption of traffic accident confirmation.If the party concerned raises an objection to the accident confirmation,it can not reconsider or bring an administrative lawsuit,and can only raise an objection in a civil case.The judge combined with other evidence to decide whether to adopt the traffic accident confirmation.Because the judge of accident liability of accident is not professional,often review as a mere formality,so we should clear the nature of the accident confirmation appraisal opinions,and gradually set up specialized agencies to identify the book made for the accident,when necessary,may request the accident makers to testify.
Keywords/Search Tags:Motor vehicle traffic accident, Imputation principle, Mental damage solatium, Traffic accident confirmation
PDF Full Text Request
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