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Study on the Damage Compensation Liability of the Traffic Accident

Author: ZhangJuan
Tutor: ChenJinHong
School: Hunan University
Course: Legal
Keywords: Road traffic accidents Imputation Principles The main responsibility Liability for damages
CLC: D912.1
Type: Master's thesis
Year: 2007
Downloads: 292
Quote: 3
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Abstract


Road traffic accident damages traffic accident in court for violation of road traffic laws and regulations , resulting in damage a person's personal injury or property damage , and should bear the adverse consequences or traffic accidents cause personal injury or property damage is damage , shall perform the obligations in accordance with the law . Road Accident Compensation is an important issue in tort law . Civil law countries the issue of how liability for damage attributable to road traffic accidents , and more ways to formulate a special law established the principle of liability without fault , common law countries for the motor vehicle accident damages law , but through the establishment of a motor vehicle liability insurance system established the principle of liability without fault . China is now the road traffic using the principle of fault liability and no-fault liability principle of liability for damages and with the principle of no-fault liability based imputation . Road traffic accident compensation liability of the principal is a more complicated problem , because the motor vehicle itself , the situation is more complicated , with the relationship between a variety of different and use , and therefore can not be generalized to the world motor vehicle damage compensation legislation , the main responsibility with a different title , but by special legal provisions and motor vehicles have a certain relationship between persons liable for damages . Domination and run interests of our country to run as a Motor Vehicle Accident Liability Entity standards , and under the guidance of the Principles of Responsibility to vehicle traffic accidents in complex cases when compensation body is divided into a motor vehicle on behalf of all people with actual people inconsistencies when the main responsibility for determining motor vehicle of the right to occupy the main responsibility for the people to determine , unauthorized possession among the main responsibility for determining motor vehicle , other special circumstances , the main responsibility of determining four categories . Road Accident Compensation primary responsibility to take all the principle of compensation , fault offset as the principle of compensation for road traffic accident liability , the scope of compensation in addition to including direct material damage caused causing bodily harm and property aspects of direct loss , mental damages should also be included in the compensation range , the standard of compensation should urban and rural road traffic accident responsibility .

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