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Research Om The Liability Subject And Responsibility Sharing Of Motor Vehicle Traffic Accidents

Posted on:2019-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChangFull Text:PDF
GTID:2416330596453617Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China's economy,the motor vehicle has become one of the tools essential to daily life,which,China's motor vehicle traffic safety problems have also been widespread concern.On motor vehicle accidents in terms of security,problems to be solved liability for damages,which in the following two aspects reflect the most controversial: First,the main responsibility for the identification of motor vehicle accidents,the second motor vehicle accident liability sharing issues.Given our country there is no motor vehicle traffic accident on the main responsibility,responsibility principle,recognized legislative standards system,and other issues of shared responsibility,and in theory and judicial practice have not reached a consensus,leading to the country from time to time with the people appear in court to hear the case Different case sentenced phenomenon,which not only affects the legal uniformity in its application,to a certain extent,can not make the rights of victims to obtain real protection,but also the people's court to challenge judicial authority.In view of the above problems,the purpose of this paper is based on the theory and practice of the present situation,centralized and fully explore the subject motor vehicle traffic accident liability and burden-sharing questions and trying to identify the body of motor vehicle traffic accident liability,tort liability and driver's machine EMU owner,possessor,object managers management responsibility to establish the differences identified the main responsibility and burden-sharing of new models to the expectations of the problems in practice provide actionable reference,the rights of victims of motor vehicle accidents receive timely and effective protection.This paper is divided into four parts,the first part of the motor vehicle traffic accident liability statement identified the main legal regulation of the status and shared and evaluated,and the second part indicates our Vehicle Accident Responsibility and sharing in theory and judicial practice,the existence of question,the third part of the common law countries,civil law countries and China's Taiwan region motor vehicle traffic accident liability determination and balancing the body outside study to explore China's judicial practice should be generally applicable and learn theoretical basis and the principle of compensation,Part IV above theoretical analysis and research,the author finds that the main responsibility for traffic accidents and vehicle sharing responsibility put forward countermeasures and suggestions from clear main responsibility,the scope ofcompensation specific,focusing on fair burden-sharing,and improve the insurance system of compensation increase social assistance four angles,to be able to identify the body of a motor vehicle traffic accident liability and responsibility sharing to provide useful suggestions,so that the victim was a basic right to an effective remedy and protection.
Keywords/Search Tags:motor vehicle traffic accident, liability subject, responsibility sharing
PDF Full Text Request
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