Dissertation > Political, legal > Legal > Chinese law > Administrative law

The Compensation of "Anonymous" Victims in Traffic Accident Case

Author LiangZuoZuo
Tutor ZuoMei
School Central South University for Nationalities
Course Constitutional and Administrative Law
Keywords traffic accident "anonymous" victim compensation system
CLC D922.1
Type Master's thesis
Year 2011
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The importance of transportation for each individual in life is not lower than clothing, food and shelter. Thus, good condition of travel environment and traffic order becomes the current most urgent problem to be solved in the daily life of people.In present social law living, this kind of urgent problem indicates the eager attention to“Maintain traffic order, prevent and reduce accidents, protecting the personal safety, protect citizens, legal persons and other organizations property safety and other legitimate rights and interests and raise the efficiency of traffic”.Recently, "anonymous" case is a common phenomenon in the traffic accident. More often than not, the victim to obtain the prompt effective compensation for such cases is difficult to solve.In some practical problems, the issues of who should be entitled to exercise the right of compensation subject and what would be the compensation standard are likely to be contentious before the anonymous is not identified. There is still no definite regulations about its law nature and effectiveness in the present law of our country. In order to improve "anonymous" victim compensation system, uphold a kind of healthy favorable public order, combining domestic and abroad circumstances; the author makes a discussion of a series of new legislature problems about "anonymous" victim compensation system in the traffic accident, thereby to ensure "anonymous" victim life and belongings safety and other legitimate rights and interests.The thesis comprises four parts:The first part introduces the background for selecting subjects, study meaning and research purposes;At the beginning of the second part, a definition of "anonymous" victim in traffic accident is given. It starts from the concept identification of "anonymous" victim and explain the principal range and main defining program of the "anonymous" victim. Secondly, this thesis discusses compensation situation and cause analysis of "anonymous" victim in traffic delinquency, including the analysis of our country present situation of the main plaintiff and the scope and criteria of "anonymous" victim’s death compensation.The third component mainly makes the analysis and comparison of compensation system in the Chinese provinces and cities, and explains the reason of different compensation standard for "anonymous" victim in traffic accident further.Based on the discussion of conception, program definition and reason analysis, some recommendations for further perfection of the compensation system have been put forward in the fourth part. By analyzing the case of traffic accident“anonymous”victim compensation system concept, value and the establishment of the legal principles, the legislation to improve the compensation system is suggested. Clarify compensation plaintiff subject qualification, rich compensation concrete content, establish effective compensation management mechanism, explicit related legal responsibility, constructing the multi-level and comprehensive supervision system. All above, no matter to meet the demand for equality, or to demonstrated the cherishment for friendship, can be regarded as effectual measures

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