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A Research On The Traffic Accident Personal Injury Compensation And Injury Insurance Responsibility Of Competing Issues

Posted on:2014-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:P PeiFull Text:PDF
GTID:2267330401481920Subject:Law
Abstract/Summary:PDF Full Text Request
Which also constitutes a work-related injury the victim suffered personal injury due totraffic accidents, personal injury compensation and work injury insurance benefits for victimsof the competing issue has been quite controversial. Since the blind spot of the legal system tomake this reality-IF issued competing issues that must be seeking legislation to give a clearanswer. For the solution of the problem of the responsibility of competing ways, the legalsystem has not accurately locate regional "flourishing" in the outcome of the trial is thedilemma Valley retreat only to fall back into the practice. This paper aims from a practicalpoint of view of society, sort out and analyze the loopholes and shortcomings on the basis ofthe existing law, the responsibility Concurrence appear gradually decompose, refinement,intent to propose a reasonable and fair way to resolve in order to better protect the rights ofworkers.This article first traffic infringement main body is divided into the "infringement"because of a third and "infringement" in both cases due to the employer, then according to thecomplexity of the real-life employer infringement divided into responsibility "competing"with" incomplete competing modes. In addition, for the full and comprehensive covering allpossibilities to reality, then incomplete competing cases "the three infringement mode of theowners and the actual control of the phase separation" one by one to distinguish betweendiscussion and strive to "to life, the answer now back in life." After much thought andanalysis, and ultimately draw conclusions are: traffic accidents in infringement damages andinjury insurance liability competing issues, due to the infringement of a third party to select asupplementary mode, select an alternative competing circumstances completely employertortapplicable to the merits of each case mode, the responsibility is not completely competingalternative models with supplementary mode.
Keywords/Search Tags:Traffic Accidents, Personal Injury Compensation, Injury insurance, Concurrence of Liabilities
PDF Full Text Request
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