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Research On The Tort Liability Of Motor Vehicle Driving Accident

Posted on:2021-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:C N ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the process of driving service,there are more affected subjects,more complicated legal relationship between the parties,lack of clear legal provisions,unclear definition of legal relationship between the two parties,difficult to determine the subject of tort liability,and also related to the relationship between personal and property interests such as damage compensation.In order to promote the healthy and orderly development of the driving industry,this paper discusses the paid driving and free driving as two main lines to discuss the legal relationship between the parties,and provide a theoretical basis for determining the liability for damages.Specifically,this paper is divided into four parts:The first part mainly analyzes the dispute cases and judicial status of the traffic accidents caused by motor vehicle driving.This part starts with the introduction of two types of driving accident disputes:free driving and paid driving,analyzes the Judicial Dilemma of the nature of driving injudicial practice,summarizes the disputes in practice and theory,and solves the driving accident disputes on the basis of problem-oriented.The second part mainly discusses the legal relationship between the agents involved in the relationship.First of all,the concept of Valet driving is summarized,leading to two types of Valet driving:paid Valet driving and free valet driving,and taking paid Valet driving and free valet driving as two main lines to discuss the legal relationship of all parties,Among them,whether the relationship between the valet and the Valet can be applied to the theory of voluntary helpers in the type of free valet is negatively evaluated,and according to whether there is any agreement between the two,the free Valet can be divided into the type of good intention and the type of no reason management.In the paid driving,firstly,the paper discusses the legitimacy and rationality of the legal relationship between the driver and the company to which the driver belongs.Secondly,it analyzes the legal relationship between the driver and the driving agent--the personal driving agent and the driving agent organization.On the basis of negating the employment relationship and the entrustment relationship,it puts forward that the personal view is more suitable to be defined as the contract relationship.The third part analyzes the problem of the identification of the main body of the responsibility of the driving accident on the basis of the clear legal relationship between the parties.From the perspective of comparative law,the theoretical basis of the judgment standard of the responsible subject leads to the judgment standard of the responsible subject of road traffic accidents in China,focusing on the identification of operation interests and operation control.On this basis,explore the application of theory in the field of type driving,and clarify the subject of responsibilityThe fourth part mainly discusses the location of the responsibility of the driving accident from the perspective of type.Based on Article 76 of the road traffic safety law,this paper discusses the insurance claim rules of the traffic accident caused by the driving agent and the legitimacy and necessity of the insurance company's right to exercise the right of subrogation when the insured suffers damage due to the responsibility of the driving agent.Based on the damage caused by the driver's fault,this paper analyzes the recognition and sharing of the residual compensation liability beyond the insurance scope,and analyzes the contract type paid driving,the good intention type free driving,the fit law type free driving,the fit law type free driving,the unfit law type free driving,and comprehensively considers the fault form and liability form of the driver and the driver,with a view to To solve the dispute within the existing legal framework,give both parties fair and reasonable responsibility.
Keywords/Search Tags:paid driving, gratuitous driving, subject of liability, tort liability
PDF Full Text Request
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