Research of Some Difficucal Question in Tore Liability of Vehicle Accidents
|Keywords||Tort Liability of vehicle accidents Obligation Principles basicliability form Insurance Relief compensation for damage|
Tort liability of vehicle accidents is a very important issue in the field of tort law.Since the implementation of laws and regulations related to traffic accidents such as <Road Traffic Safety law> and<Tort Liability law>,with the theoretical discussion constantly deepening and judicial practice experience enriching,the sectors of theory insurance,and judiciary become more consistent about views of some problems in the Tort liability of vehicle accidents,but there is also some controversy. Writer combines with years of judicial experience, through comparative law method, elaborates foreign advanced legislative experience,systematically studies obligation principles of Tort Liability of vehicle accidents, basic liability form,Insurance Relief and compensation for damage,from those intend to provide a reference for system improvement and judicial practice.This article divides into four chapters, except for introduction and conclusion. Chapter One’Obligation Principles of Tort Liability of Vehicle Accidents, first describing the concept and feature of liability of vehicle accidents, as well as the differences with other related concepts,then analyzing the meaning of Obligation Principles and system in countries around the world, discussing the development of it in China, and commenting on the dual Obligation Principles System of our country. Chapter Two’Basic Liability Form of Tort Liability of vehicle accidents’,starting from the definition of tort liability form,discussing separately vicarious liability,direct liability and joint liability in vehicle accidents. Chapter Three ’Insurance Relief of vehicle accidents’,this chapter is divided into two sections, in the first section,expounding the meaning, legal origin, nature, characteristics and functions about vehicle compulsory third party liability insurance,and discussing the differences and connections between vehicle compulsory third party liability insurance and Third party liability insurance.In the second section,comparatively studying Insurance companies disbursements system around the world,elaborating traffic accidents disbursements system defects in China, and bringing forward a improval proposal. Chapter Fourth ’tort compensation for damage of vehicle accidents’, It divides into two sections Compensation Items and The amount of compensation determined, and describing the controversial problems in practice.