Dissertation
Dissertation > Political, legal > Legal > Chinese law > Administrative law > Public Security Management Act

Road traffic accident damages attributable to the principle of

Author ShenWen
Tutor JinWenJing
School China University of Political Science
Course Civil and Commercial Law
Keywords Road traffic accidents Liability Principle Fault liability No-fault liability
CLC D922.14
Type Master's thesis
Year 2008
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In recent years, with China's rapid economic development, people's living standards continue to improve the growing popularity of motor vehicles has become an indispensable part of contemporary urban people's lives. However, the extensive use of a motor vehicle is a double-edged sword, While providing convenience to people's lives, their impact on traffic accidents also showed a high trend. Threat to life and property safety of the people, become a very serious social problems. In the case of traffic accidents inevitable, from the legal point of view, the problem of how to protect the interests of the victim and the victim compensation worthy of our research and thinking. Traffic accident damages attributable to a matter of principle, it is to resolve the basis of tort liability. Of the People's Republic of China on Road Traffic Safety Law \concerns of the community. However, since the implementation of the Road Traffic Safety Law, its provisions attributable to the principle of the existence of a different understanding, uncoordinated approach to practice. Different imputation principle the degree of protection of the victim is different. Road traffic accident liability for damages attributable to the principle of the system of research has great significance. In this paper, comparative analysis of methods and theory with practice on this issue mainly from the following aspects are discussed, the first part starting from the meaning and significance of the Principles of Responsibility, discusses the basic theory of the principles of Traffic Accident Compensation Liability . The second part of the Comparative Study of the Two legislative cases, analysis of the respective grounds of fault liability principle and the principle of fault liability, and to draw inspiration: a Liability Principle can not meet the diversification of the road traffic accident damages. The third part of road traffic accidents, damage to the principle of liability rules of the system evolution are described and evaluation. The fourth part of the liability for damages of accidents attributable to the principle of perfect their own opinions and views: around the three pillars of the road traffic accident tort legal system: the responsibility principle, the insurance system, social welfare relief in three areas to improve the relevant legal systems.

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