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Main Road Accident Compensation Discussion

Author: LinGuiBin
Tutor: DuanKuang
School: Fudan University
Course: Legal
Keywords: The main responsibility Obligation of reparation Liability Compulsory Insurance
CLC: D922.14
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 1
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Abstract


Motor vehicle liability for damages in tort law is an important area, the ability to correctly interpret and apply the principle of vehicle damages and timely relief to the victims properly, to play in the field of road traffic infringements suppression effect, reflecting a State law standards, related to the national road traffic when participating life, physical safety, road traffic accidents increase or decrease the stability of society or not, and that affects the development of tort law itself. This is so because the vehicle damage is typical of modern society, a kind of state tort is a highly theoretical, meanwhile, with the vital interests of the public and social life most closely associated fields. However, long time, we did not recognize its importance, the lack of a comprehensive and systematic study that failed to effectively clarify some vague understanding of society, you can not play a full road traffic suppression tort law tort action. Moreover, our law of the \Firstly, as a vehicle of one of the obligation of reparation that standard, dangerous responsibility by analyzing the theoretical basis, who is the real draw to maintain the obligation of reparation conclusions. This paper is divided into three chapters. The first chapter elaborates vehicle side as the legal basis for the obligation of reparation and theoretical basis. First, beginning in Tort Liability Act, lists of different periods with the laws and regulations, judicial interpretation, analysis of motor vehicle side as the legal basis for the obligation of reparation; Secondly, compare different countries abroad, liability for damages on motor vehicle traffic accident to determine the main Standard explore our criteria for determining the responsible body and meaning. Chapter II under the \, unauthorized use of another vehicle, stolen vehicles, installment sale of a vehicle, the vehicle's registered owner is inconsistent with the actual owner of the vehicle itself is faulty, due to road defects such as a dozen cases of traffic accidents occur when the subject of compensation Specific identification. Chapter 3 presents compulsory third party liability insurance system value to explore the third person the right to a direct request, and discusses compulsory third party liability insurance and commercial insurance claims in the insurer's obligation to issue and finally put forward a sound compulsory third party liability insurance for some suggestions.

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