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On The Liability And Compensation For Traffic Accidents Caused By Designated Driving

Posted on:2020-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z N XieFull Text:PDF
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The driving industry has developed extremely rapidly with the drunk driving of the Criminal Law Amendment Eight,which has brought a lot of convenience to our daily life,but the various traffic accidents and other problems are also plagued.We,we should proceed from the jurisprudence,study the legal basis of the traffic accidents,and then apply them to the judicial practice to solve the real problems and promote the healthy and orderly development of the driving industry.This article is based on the case of the first case in Shanghai that uses the driver's drive software to seek a driver's drive and causes a traffic accident liability dispute,and the case of a death accident caused by a traffic accident in Fo Shan,Guangdong,caused the death of one passenger.The expressly agreed distinction is divided into paid driving and free driving.This paper analyzes the nature of the legal relationship between the two types of driving,and believes that the nature of the legal relationship of paid driving is contractual nature and the free driving can be divided into two types: emotional behavior and non-invasive management.The theoretical basis for the determination of the subject of motor vehicle traffic accidents are four theories in the world: dangerous opening,dangerous control,compensation,operational benefits and operational dominance.China adopts operational benefits and operational dominance as responsible subject of motor vehicle traffic accident.Based on the analysis,responsible subject of motor vehicle traffic accident of the driver is also analyzed.Paid-ride and Free-ride driving are drivers.On the basis of determining who is the subject of the accident liability,and then analyzing the subject of infringement liability.When it comes to the issue of compensation,it will inevitably circumvent the responsibility of the insurance company.The owner can compensate by purchasing commercial insurance such as traffic insurance and third party liability insurance,and the driver can compensate by driving the liability insurance.Due to the legal vacancies in China,the typical judicial precedents,and the loose management of the industry,China can strengthen the construction of China's driving industry in light of the relevant regulations and practices of South Korea and Japan.
Keywords/Search Tags:Motor vehicle driving, Traffic accidents, The subject of responsibility, Tort liability
PDF Full Text Request
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