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Motor Vehicle Accident Compensation principles and the main responsibility

Author: ZhangYuHong
Tutor: ZhangYuMin
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Compensation for Accident The main responsibility Imputation Principles Motor Vehicle Accidents No-fault liability Impunity Reasons Liability Insurance System Imputation way General Principles of Civil Law Approach
CLC: D923
Type: Master's thesis
Year: 2002
Downloads: 385
Quote: 3
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Abstract


The invention of the motor vehicle, the use of the benefits brought to mankind, on the other hand, and he made a lot of motor vehicle accidents, and to the personal property damage, to cause a huge waste of social resources. Suppress the occurrence of motor vehicle accidents, and to reduce the damage caused by traffic accidents, the most important function of the civil liability regime. The functioning depends on the degree of perfection of civil compensation system. Of motor vehicle traffic accident damages system is perfect, especially Imputation rules and the main responsibility for the identification, theoretical and practical circles many controversies. This paper aims to clarify these controversial. In addition to the introduction, is divided into two parts. Introduction Part I: clarify the meaning and value of the Motor Vehicle Accident Compensation principles and responsibilities of the main research; defined in this study concept and characteristics of the motor vehicle accidents; pointed out the concept, Mr. Ye Lin traffic accidents Mr. Yang Lixin study the difference of road traffic accidents. Part I: Motor Vehicle Accidents damages Liability Principle dissect many views about our imputation principle of tort law system, pointed out: they all admit three kinds imputation methods, differences lies in the mutual relations on three imputation ways different understanding. On this basis, define the meaning of the no-fault liability and fault liability under the civil law tradition. In the the imputation principle the basis for a comparative study of world motor vehicle traffic accident damages, Britain and the United States, China Taiwan motor vehicle traffic damage compensation for fault liability reasons: is that a well-developed social security system or civil law liability insurance system with different countries, rather than the \Considerable evidence that still exist in today's society, a high degree of risk of the motor vehicle. The status quo of China's social security system and liability insurance system determines the compensation for no fault of the high risk of responsibility to remedy the motor vehicle accident caused damage to motor vehicle traffic accident damage. The fair liability and product liability does not affect the reasonableness of motor vehicle traffic for no-fault liability. Analysis of the relationship of the \By comparing the legislation of the countries of Germany, Japan and France, the three applicable no-fault liability Impunity Reasons that our attitude should be taken in motor vehicle traffic accidents Disclaimer reasons, followed by analysis of the General Principles of the Civil Law, \Impunity Reasons conflict between the way \Part II: Motor Vehicle Accidents prejudice to the liability of the main identified consider the virulence people to motor vehicle traffic accidents may be more than one person, the virulence of the people is the main responsibility and experience required to pick up after the two principles of secondary responsibility and liability without fault This section is a detailed analysis of the Liability Entity standard of liability without fault, and a detailed analysis of theft driving and unauthorized driving, leases and borrowing, simple transfer of motor vehicle possession for employers, employees driving nominal lending and nominal residual occasions damages the main responsibility.

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