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Discussion of Tort Liability in Road Traffic Accidents

Author: ZhuMuYe
Tutor: PuLi
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Road traffic accidents Tort Liability Imputation Principles Impunity Reasons Contributory negligence
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 128
Quote: 0
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Abstract


Road traffic accidents are the important issues facing China's social development, road traffic accidents important element of the tort liability of tort theory research. This article the principle of culpability Center discusses road traffic accident tort liability issues, that from the start of the analysis of road traffic accidents principle of tort liabilities discussed Imputation Principles system in the existing laws and shortcomings, and then to the Principles of Responsibility Perspective matching requirements of the system, the focus of responsibility for the overall improvement of road traffic infringement. This article is divided into six parts in total, to clarify topics every level to promote. In the introductory part, I account the background of this research, since the reform and opening up, China has entered the grim situation facing motor vehicle era. Based on this article will discuss the problem of road traffic accidents tort liability, select and identify research ideas and methods. In the first section, the author focuses on the analysis of the concept of the main analysis road accidents, road traffic accidents Tort two concepts. The two core concepts of analysis, defined the scope of this study, but also laid the foundation for the subsequent discussion. In the second section, the author first introduces the basic theory of the principle of the Responsibility, and the Principles of Responsibility for road traffic infringement analyzes from a comparative and historical perspective. First study of comparative law, Germany, France, Japan, Britain, the United States and other countries and regions provisions Review, to draw inspiration; then, the analysis of the historical evolution of road traffic accidents since the founding of our country Tort Liability Principles, from history the perspective of revelation. Section II analysis concluded in the third quarter, the author based on the current provisions of the Imputation Principle of Traffic Accident in China specification analysis, interpretation and evaluation. The author certainly the rationality of the existing multi-imputation system, but also to the \At the same time, it is noted that the existing provisions in the separation of personal and property damage, lack of exemptions, Negligence Counterbalance. In the fourth part, on the issues, I respectively supporting a predetermined angle from the Imputation rules should put forward a sound advice, to promote the development of the theory and practice of Epilogue, I share a little inspiration in this research.

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CLC: > Political, legal > Legal > Chinese law > China and France
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