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Research on the Subject of Liability Attribution of Road Traffic Accident

Author: LiXinCheng
Tutor: FengYongJun
School: Zhengzhou University
Course: Legal
Keywords: traffic accident the main responsibility operation control operationbenefit
CLC: D922.14
Type: Master's thesis
Year: 2013
Downloads: 106
Quote: 0
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Abstract


After the reform and opening up, happened to turn the world upside down change the development of transportation in China, traffic infrastructure has been greatly improved, quantity of motor vehicles more than230000000vehicles. However, the rapid growth of the number of motor vehicles and traffic infrastructure improvement, a great convenience to people’s life, promote national economic development; on the other hand with the increasing number of vehicles, the frequency of occurrence of road traffic accidents is also gradually increase, causing adverse effects to people’s production and life, a serious threat to the economic development and social stability. Road traffic accident has become the first big killer destruction of production safety in china. With the increase of road traffic accident rate, the road traffic accident tort disputes also rose. In the compensation dispute case these large amounts of traffic accident damage, identification of the main responsibility for the accident is one of the focus of controversy focus.Since China’s " general principles of civil law " to " approach to road traffic accidents ", then to " road traffic safety law " and " tort liability act", can see the road traffic accident liability system in the continuous improvement. However, as China’s market economic activities in the form of rich, far more complex than the early reform and opening up, the great trouble to identify the subject of liability in road traffic accident right. Especially the principles of the provisions of the traffic accident responsibility main body as guidance to the road traffic accident and liability subject recognized " road traffic law " and " tort liability act ", and no clear reference principle of main traffic accident responsibility, because of the lack of a clear legal basis, in the concrete judicial practice, will inevitably cause traffic accident liability the main criteria of chaos. Therefore, research on road traffic accident liability attribution has become a focus of current research on traffic accident liability system of road.In this paper, the main responsibility to perfect our country road traffic accident identification system as the starting point, elaborates the reason of traffic accident responsibility system in China, including the responsibility principles of the traffic accidents, traffic accidents and its evolution that subject legal system and its development process of countries all over the world; when the traffic accident responsibility cognizance standard legal system and the theory of recognition; the typical cases of road traffic accidents liability subject is analyzed and so on.

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