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Identification of Subject of Liability for Damages in Traffic Accident

Author: XuKai
Tutor: FengJuPing
School: East China University of Political Science
Course: Legal
Keywords: Traffic Accident The subject of liability for damages Operation dominance Operation interest
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 112
Quote: 1
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Abstract


With the increase of the holdings of motor vehicles in China, more and more damages disputes are caused by vehicles in traffic accidents. The focal points of the disputes are the form of liability, the principle of liability and the identification of subject of liability for damages. However, correct identification of subject of liability for damages has a direct bearing on the reasonableness of shared burden of liability for damages and the adequate relief the victims received. Therefore, the research on the identification of subject of liability for damages is of great practical significance. The article will research on the identification of subject of liability for damages caused by vehicles in traffic accidents through an analysis of the concept、theoretical foundations、standards of classification、legislation and judicial practice in China and the identification of stereotype.The first part of the article is a review of subject of liability for damages caused by vehicles in traffic accidents. It includes the analysis on the concept and features of traffic accidents, the analysis on the constitutive elements of liability for damages caused by vehicles in traffic accidents and the discrimination between“the subject of liability in traffic accidents”and“the subject of liability for damages in traffic accidents”. In the second part, the author makes an approach to some theoretical foundations of the identification of subject of liability for damages through comparative studies. On the basis of the above, the author analyzed the usual standards of classification.In the third part, the author analyzed the legislation and judicial practice of the subject of liability for damages caused by vehicles in traffic accidents in China.In the fourth part, the author mainly describes how to identify that who should take charge of the compensation for the damage of the motor vehicles in the event that the motor vehicle drivers, owners and managers are not the same person. However, the identification should be in accordance with the types listed in the“Tort Law of the People’s Republic of China”and other usual types in the judicial practice. We hope that the research is beneficial to the judicial practice.

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