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A Legal Researcher On Personal Injury Compensation Issues

Posted on:2012-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y M XuFull Text:PDF
GTID:2166330335470682Subject:Civil law
Abstract/Summary:PDF Full Text Request
Chinese socialist legal system,with the constant adjustment and improvement of the legal awareness of citizens, is rising, more and more citizens to take up law as weapon to defend their legitimate rights and interests, so a large number of new cases emerged. Cases of compensation for damage increasing year by year, more and more disputes are difficult to judge.Personal injury compensation disputes are very common judicial practice the types of cases. Personal injury compensation disputes the focus of controversy in the ordinary case the main focus on the qualifications of the defendant, personal injury compensation cases to determine the causal relationship between fault liability and the identification of these three areas. This selected Zoumou personal injury compensation dispute this representative case, focusing on three aspects from the above analysis.For the above three aspects to this case, I analize the focus of controversy from the perspective of the analysis of civil law reasoning, and put forward my views and suggestions.Firstly, through the relevant provisions of related laws and regulations and legislative intent of the analysis, the ability to judge the accused and then found the defendant of the main qualifications. Secondly, the theory of causality condition that the said reasons and the causal relationship that merits considerable analysis, advice should be taken in this case quite causality, in order to better reflect the areas of civil law "people-oriented," " justice for the people, "the modern judicial philosophy. Again, through the definition of fault, the defendant in this case to determine whether there is fault, and its the fault of the case whether to assume responsibility. Finally, on our personal injury compensation system to analyze the shortcomings described, complete protection for the establishment of the right to life, health and personal injury compensation body the right to the recommendations of the legal system and controversial focus of the case brought against the personal injury compensation cases heard should pay attention to the problem and take countermeasures.
Keywords/Search Tags:Person damages, Compensation, Subject qualification, Fault, Causality
PDF Full Text Request
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