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Empirical Analysis Of Civil Judgment On Liability For Traffic Accidents Involving Compulsory Liability Insurance

Posted on:2021-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:F PanFull Text:PDF
GTID:2416330605968054Subject:Law
Abstract/Summary:PDF Full Text Request
In the civil judgment on liability for traffic accidents involving compulsory liability insurance of vehicle traffic accident(hereinafter referred to as compulsory liability insurance),it is always the focus of controversy and even the trial difficulty whether the accident involved can be regarded as a traffic accident or not,and whether compulsory third-party liability insurance for motor vehicles should be applied,so that the insurance company can compensate for the accident on its behalf,as various kinds of accidents may arise.For example,the victim injury caused by a special vehicle in a special operation,the victim injury caused when the victim was repairing,maintaining,loading and unloading the vehicle,non-collision damage occurred in vehicle operation and etc.In fact,in the current legal system,the definition for the term of "traffic accident" can only be found in the paragraph 5 of article 119 of the Road Traffic Safety Law,that is "traffic accident refers to the event of personal injury,death or property loss caused by the fault or accident of a vehicle on the road." This provision,however,only provide basic constituent elements of the motor vehicle traffic accident,i.e."vehicle","road","fault or accident","personal casualties" or "property damage" and causality,but left other important factors undefined,such as the subject,behaviors and other causes of traffic accidents.As a result,the decisions for traffic accident tortious liability cases are often controversial and largely depend on the judges'discretion,especially in the occasions of special vehicles caused human injury in special operations,vehicle maintenance in static state,damage caused by loading and unloading,non-collision damage occurred in vehicle operation and so forth.This article has adopted the empirical analysis methodology to examine and analyze the judges'decisions in recent judgment documents of the tort cases involving compulsory insurance.It aims to find out the patterns in identifying and interpreting the term of"traffic accident" in judges'decisions.Meanwhile,the article also analyzed the evolving legal concept of "traffic accident" by reviewing its legislative background,meaning and scope of the in the Chinese legal system and its impact on judicial decisions combined with comparative analysis of the extraterritorial legislation.Based on the analysis,this article has found that in current judicial practice,due to the shortcomings in current legal system,the concept of“traffic accident”used in administrative penalty has been adopted in the civil judgment for determining the application of compulsory traffic insurance in tort cases.However,the term stipulated in the administrative penalty law is far from sufficient to deal with the tort disputes in civil trials.Therefore,it is suggested that the foreign legislative method might be adopted to overcome the issue in applying the compulsory liability insurance in civil judgement.That is the application premise of compulsory traffic insurance should be extend to "using" or"running" motor vehicles,which will facilitate the unification of law application,improve the predictability of civil judgments and provide better protection for legal rights and interests of victims through an effective utilization of compulsory traffic insurance.
Keywords/Search Tags:motor vehicle, traffic accident, traffic accident insurance, tort liability
PDF Full Text Request
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