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The Diversification of Remedy Mechanism for Victim of Traffic Accident

Author: PuYiMei
Tutor: ZhangXiaoYang
School: Northeast Normal University
Course: Civil and Commercial Law
Keywords: Remedy Mechanism Diversification Liability Insurance
CLC: D922.14
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 0
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Abstract


Tort law is hard to handle the compensation for the victim when the traffic accident happened, so it tried to expend itself to solve the complex condition. In this dissertation, we will use diverse remedy mechanism to handle problems in traffic accident, so the tort law may disengage from the embarrassing; also the most important is that to protect the rights of the victim. There are 3 parts:The first part is an overview of the diversification of the remedy mechanism for the victim of traffic accident. This part consists two parts, one is the content of the diversification of the remedy mechanism for the victim of traffic accident. This part details to us the three systems included in the mechanism, they are tort law、liability insurance、social security ;The other part is the theoretical basis of the diversification of the remedy mechanism for the victim of traffic accident. In this part, by analyzing the theoretical basis, we know it is reasonable to exist.The second part is the operational mode of the diversification of the remedy mechanism for the victim of traffic accident. It consists two parts, first is the type of the operational mode, there are three types, each of them has its advantage and shortcoming; the second part is the evaluation of the operational mode. The dissertation takes two countries as an example, they are France and Germany, because China and the two countries are all belong to civil law system, that is to say, to introduce the two countries can provide us some good pieces of experience.The third part is the improvement of the diversification of the remedy mechanism for the victim of traffic accident. In this part, tort law、liability insurance and social security are provided some suggestions, so the victim’s interest can be significant improved.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Public Security Management Act
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