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Accidents damage the determination of liability body

Author: ChenHongJun
Tutor: GaoLiuZhi
School: Zhengzhou University
Course: Legal
Keywords: Traffic Accident main Accident damages the main responsibility Legal Analysis Centrism of ownership Specific applications
CLC: D923
Type: Master's thesis
Year: 2007
Downloads: 175
Quote: 0
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The People's Republic of China on Road Traffic Safety Law \provides legal protection. View of the accident, the driver of a vehicle and the vehicle owner is a different subject, and the provisions of Article 76 of the \the laws, regulations and judicial interpretations and did not give a reasonable provisions, resulting in its understanding of the different, the processing of traffic accident cases to come up with different results, a direct impact on the seriousness and credibility of the law. Legislative process starting from the traffic accident compensation system in China, pointed out that the current cross-security laws under the \method is proposed as a traffic accident damage liability body to determine standards on different cases traffic damages the main responsibility to determine ownership centrism \The text of this paper is divided into five parts. The first part, the problems of the provisions of our laws. Including traffic accident damage liability main meaning of a traffic accident damages the responsibility of the main title changes, combined with the terms of the Traffic Safety Act and the People's Court judicial interpretation, and pointed out that the main provisions of the motor vehicle shall be generalized and abstract. The second part, traffic damage compensation main determined Comparative Law. Including Japan, Germany, and other countries and regions of the law, as well as the comparison of the law in these countries and regions. The third part, determine traffic damages the main responsibility for the legal analysis. Including benefit analysis and value analysis. The fourth part, the general rule of ownership centrism method. The ownership of centrism method from vehicle registration and property rights transfer two aspects are examined. The fifth part ownership centrism method. Including the driver of the vehicle, lease, lend, theft of a vehicle involved in a traffic accident cases, the specific application ownership centrism determine damages the main responsibility for traffic.

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