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On The Liability Of Motor Vehicle Accidents On Non Public Roads

Posted on:2020-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:H C NiFull Text:PDF
GTID:2416330602954103Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
The handling of motor vehicle accidents on non-public roads is different from that on public roads.After an accident,the public transport organ can only deal with the accident according to the request of the party concerned and with the Traffic code of the relevant units.However,compared with the typical road traffic accidents,there are some problems in the legal analysis of the liability of non-public road motor vehicle accidents because of the differences in the location and the place where the accidents occur.This paper compares the concepts,theories,components,applicable laws,handling authorities and authorities of non-public road motor vehicle accidents with road traffic accidents To explore the non-public road motor vehicle accident how to determine the responsibility.In this paper,the liability of non-public road motor vehicle accidents,divided into administrative,civil,criminal perspectives,and discussed the relevant reasons for the reduction of liability.Focusing on the principle of contributory negligence in Article seventy-six of the Road Traffic Safety Law,after identifying the liability of motor vehicle accidents on non-public roads,the paper also analyzes the compensation of compulsory traffic insurance of related motor vehicle accidents on non-public roads from both theoretical and practical aspects.Both the compulsory traffic insurance and the Social Assistance Fund for road traffic accidents are applicable to traffic accidents on non-public roads,which are beneficial to protecting the victims’ legitimate rights and interests and maintaining social harmony and stability.Because the situation of the passable roads and places in the Real Society is complicated,the distinction between public road and non-public road in the sense of law constantly challenges the theoretical research of scholars and the discretion of judges.However,for the purpose of legislation,as long as it is able to protect the safety of the person and property of citizens and improve the efficiency of traffic,each competent department may have a relatively uniform principle to base on in the process of handling the case,and it should be accepted in a timely manner This is then followed by a handover and greater efficiency in the internal chain to provide for the well-being of the citizens.
Keywords/Search Tags:Non-public roads, Traffic accidents, Responsibility
PDF Full Text Request
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