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Liability of motor vehicle causing damage

Author: ZuoYan
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Legal
Keywords: criterion of liability passengers Good Will Pick-up
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 92
Quote: 0
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Abstract


This paper takes a case as entry point and mainly studies the following three aspects: the first is criterion of motor vehicle liability. For the motor vehicle’s damage to non-motorized vehicle users or pedestrians, there exist different opinions as“no-fault liability”,“presumption of fault liability”,“mixed fault principle”, etc, in academic circles. By taking the theoretical basement of danger liability and analyzing source of danger, risk control, interest income, risk diversification, etc, this paper based on the concept of distributive justice holds the view that“no-fault liability”should be adopted; meanwhile, fault-balance principle and superiors bearing principle should be applied. Furthermore, this paper points out, the criterion of liability as prescribed in Item (2) of Paragraph 1 of Article 76 of“The Road Traffic Safety Law”has loopholes logically that it needs to be amended. The second is legal status of passengers. This paper considers that as for the traffic accident liability, passengers and pedestrians should be equal in legal status, in addition, related rules and protection should be applied to passengers. In suiting for the law,“non-motorized vehicle users”as prescribed in Article 76 should be affirmed to contain both drivers and riders of non-motorized vehicles, so that passengers will be equal to pedestrians and drivers of non-motorized vehicles in legal status. The third is legal liability in“Good Will Pick-up”. By comparison and according to the status quo of insurance, this paper addresses the popular theories of“appropriate compensation”,“contributory negligence”,“content of risk involvement”, etc, and proposes that carriers in“Good Will Pick-up”should undertake compensatory responsibility in tort violation but it is necessary to bestow some restrictions on the scope of compensatory liability, that is in extenuation of free carriers’liability for damage.

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CLC: > Political, legal > Legal > Chinese law > China and France
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