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Research On Compensation Liability For Multi-vehicle Collision Traffic Accidents

Posted on:2020-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2416330596493967Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of social economy,automobile has become a necessity of people's life.Whether it is daily commuting or self-driving travel,it plays an irreplaceable role.While providing convenience for human life,the huge car ownership also brings a prominent problem,that is,the widespread occurrence of multi-vehicle collision traffic accidents.There are many difficulties in multi-vehicle collision traffic accidents,such as the large number of infringers,the difficulty in judging tort liability sharing,and the numerous standards for dividing compensation liability.These problems are often controversial in judicial practice.If we can not deal with the legal problems caused by multi-vehicle collision well,it will easily cause the adverse social impact of judicial injustice.Therefore,under the premise that there are some defects in the relevant legal provisions of our country,it is very necessary to study this aspect.As a kind of tort disputes with strong practicality,the research on the liability for compensation for multi-vehicle collision traffic accidents is very typical.The purpose of this paper is to discuss the allocation of compensation liability for multi-vehicle collision accidents by listing several representative cases.In the six parts of this paper,they are introduced separately.Specifically,the first part is the introduction,which mainly introduces the significance,methods and innovations of the research.In the second part,through the enumeration of specific cases,the compensation for multi-vehicle collision accidents is put forward,and the multi-vehicle collision accidents are briefly described.The third part is the analysis of the liability determination of multi-vehicle collision traffic accidents in China.It studies the liability from four aspects: the legal provisions of liability determination,the principle of liability fixation,the subject of liability and the influencing factors of liability determination.Detailed interpretation of the types of tort,liability without fault,liability for fault and other related theories;The fourth part is mainly from the perspective of liability of insurance companies,analysis of multi-vehicle collision traffic accident compulsory insurance compensation and non-liability vehicle compulsory insurance compensation,especially for non-liability compensation in-depth interpretation;The fifth part is for foreign multi-vehicle collision traffic accident compensation liability.Institutional reference,through the foreign legal system,pointed out that China's existing shortcomings.The sixth part is to improve the system of compensation liability for multi-vehicle collision accidents.Through the discussion of the six parts,this paper puts forward some operable suggestions on the identification and compensation of the liability for multi-vehicle collision traffic accidents in China,with a view to solving the problem of liability allocation and compensation in the accidents,achieving the balance of the interests of all parties involved in the accidents,and providing a reference for judicial practice.
Keywords/Search Tags:Traffic accident, Pileup, Responsibility commitment, Joint tort, Compulsory insurance, No claim compensation
PDF Full Text Request
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