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Road Traffic Accident Damage Compensation System

Posted on:2011-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:H T GongFull Text:PDF
GTID:2166360305951019Subject:Law
Abstract/Summary:PDF Full Text Request
Modern society, due to urbanization and socio-economic of the continuous development of motor vehicles has been widely used. However, with the increase in vehicle ownership is thincreased incidence of accidents and compensation for damage cases in road traffic accidents, which directly endanger the lives of millions of people and caused a huge loss of public or private property,so it has become a serious social problem. Because of this, the tort law of road traffic accident damages has also become an important subject. Based on this, as do speedy and fair relief to victims,properly solve the dispute between the parties, countries have drawn up a specific road traffic accident compensation law. However, there is a big difference in national laws of damages in road traffic accident compensation. This is epitomized in the road traffic accident liability for damage attributable to the principle of liability subject, to the confirmation of the determination of the scope of compensation and procedures on the grounds of relief. All these are some very important and complex issues, Therefore, we have to make a discussion in a depth on motor vehicle road traffic accident damages issues.This article is based on the basic principles of civil law, to road traffic accident compensation for personal injuries related to important issues in practice, such as road traffic accident compensation for personal injuries attributable to the principle of liability,and the main body of the road traffic accident compensation and the scope and standards of compensation and other issues are discussed, and some of the recommendations were proposed.by the individual sought to improve road traffic accident related personal injury liability system, the structure of text is divided into six parts:The first part is introduction. Discussed in the introduction of the necessity of today's social studies of road traffic accident compensation system and significance of selection of papers and introduced the meaning of motor vehicle road traffic accident, motor vehicles and road the meaning of the scope,The second part of that chapter:Road traffic accidents Imputation principle of tort liability. This chapter is divided into three sections, Sectionâ… :Introduction and assessment of national legislation in the world. Sectionâ…¡:China's principle of attribution of responsibility for traffic violations. Sectionâ…¢:The author of road traffic accidents on China's Principles of Tort Liability Imputation perfect two proposals.The third part of the second chapter: the main body of road traffic accident damages determination. This chapter is divided into three sections, sectionâ… : Foreign motor vehicle road traffic accident damages, subject to determine the benchmark in future. Sectionâ…¡: China's motor vehicle road traffic accident compensation in the main standard-setting and its legislative status. Sectionâ…¢:Some special cases the identification of the main road traffic accident compensation inPartâ…£, chapterâ…¢:the scope of road traffic accident personal injury and standards. This chapter is divided into two sections, Sectionâ… : road traffic accident personal injury compensation for the scope and standards. Sectionâ…¡:road traffic accidents in the spirit of the damages.Partâ…¤of that Chapterâ…£: there are some suggestions on improving the road traffic accident personal injury compensation system.On the one hand, improve the system of third party liability insurance compulsory. On the one hand, improve the social relief fund system of road traffic accidents.Partâ…¥of concluding remarks.
Keywords/Search Tags:Motor vehicle road traffic accident, Imputation Principles, Compensation of the main, The scope of compensation, System improvement
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