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Compensation For Traffic Accident Research

Posted on:2017-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y D SongFull Text:PDF
GTID:2296330485456133Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As in 1886 the world’s first internal combustion engine vehicles, signaling the start of human society entered the era of rapid development of road transport. But the rapid spread of a motor vehicle to facilitate the lives of our production, it is also an objective caused a lot of damage. According to statistics, only in this century-20 th century, the traffic accident took away the lives of 2585 people, a figure far higher than the number of deaths due to the First World War. In China, the number of deaths due to traffic accidents from 19,096 at the beginning of 1978 would continue to grow exponentially year by year. In this regard, the importance of controlling traffic accidents natural self-evident, but the issue of compensation for damages to the injured party after the accident, but also should be a clear specification.In China, the "Civil Law", "Tort Liability Act" and "Road Traffic Safety Law" and other relevant laws and regulations of the traffic accident damages, which must be constructed. However, due to the reality of life in a wide range of numerous cases of traffic accidents, resulting in damages, although the practice of architecture more perfect operation often can not help but stretched. So often in a specific case, the parties unclear responsibilities, indemnity is not in place, and then only make worse the injured party, but also the obligation to compensate party liability overweight. For example, when the transportation departments of traffic accidents can not be timely and effective identification of responsibilities and obligations of parties and the extent of compensation liability on no uniform identification standards there are still necessary specifications. Over time it will seriously affect the process of the rule of law, affect the development of a harmonious society.This paper mainly through four parts of traffic accident damages the existence of difficult problems are analyzed and discussed. First, for the concept of traffic accident damages elaborate, on the whole, the theoretical research. Secondly, in thesecond, the third part, the article through the traffic accident damages the body identification, identification and scope of compensation arising from the practice of both complex and difficult issues related to analysis solution, in order to reasonably effective premise on both sides to reach a fair and just legal incidents and social effects. Finally, in the fourth part of the article, through the "excellent in danger pay principle" reasonable interpretation and presentation of its effective application methods, in order of time after the traffic accident is difficult to identify responsibility for how the benefit compensation.
Keywords/Search Tags:Accident compensation, Compensation body, The scope of compensation, Excellent in principle dangerous burden
PDF Full Text Request
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