| This article starts from the "Li Moumou Motor Vehicle Traffic Accident Liability Dispute Case",and combines the understanding of relevant legal provisions,judicial interpretations and typical cases to sort out the two focus points of the case: 1.Wang in the traffic accident case How to determine the causal relationship between a tort and the death of Li Moumou.2.Whether Li Moumou was negligent in the occurrence of the damage caused by the traffic accident,whether it is applicable and negligent.Through combing and analysis of the case,first of all,the injury of Li Moumou in this case has a considerable causal relationship with Wang Mou’s improper driving of a motor vehicle,and the death of Li Moumou and Wang Mou’s improper driving of a motor vehicle due to lack of legal reasons Does not have a comparable cause and effect relationship;secondly,the fault is that the victim is at fault for the occurrence of the damage or the expansion of the damage result.In this case,Li Moumou had faults,Li Moumou’s actions and traffic accident damage occurred or expanded Causal relationship,Li Moumou has the ability to offset negligence.Secondly,negligence means that the victim is at fault for the occurrence of the damage or the expansion of the damage result.In this case,Li Moumou has faults,Li Moumou’s actions and traffic accidents.The occurrence or expansion of the damage has a causal relationship,Li Moumou has the ability to offset negligence,and Li Moumou has misconduct,which fits the four constituent elements of negligence.The four constitutive elements that fit the negligence.Therefore,Li Moumou should cross the road without a sidewalk as a reason to reduce the infringer Wang Mou’s liability for damages in a traffic accident.Then based on the above-mentioned research and judgment of the case,the doctrines and rules on the determination of the causal relationship of torts,as well as the specific operating rules of the identification and fault are put forward. |
PDF Full Text Request