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Analysis of civil liability motor vehicle accident

Author: YuZuo
Tutor: YangLiZhen
School: Northwestern University
Course: Legal
Keywords: Civil liability Responsibility Principle Main responsibility Death compensation
CLC: D922.14
Type: Master's thesis
Year: 2011
Downloads: 120
Quote: 0
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Abstract


Civil liability is the core issue of motor vehicle accidents, this paper as the starting point of civil liability, motor vehicle accident on the civil liability of the responsibility principle, components, and to analyze the amount of compensation that China should adopt the presumption of fault the main principle of no-fault and fault attributable to a combination of diverse systems. Compensation subject to the Japanese, "said dual" theory, should be used to run our country dominated the main run supplement the interests of the amendment, "said binary" to amend the "binary that" theory as a criteria for the classification of motor vehicle drivers and owner of several special case for separation to discuss that relationship in the unit, position acts should be liable for compensation of the main unit, non-job behavior by the driver and shall assume joint and several liability; in the lease relationship, chartered lease by the lesser accept full responsibility for the lease of light trucks by the joint responsibility of the lesser and the lessee; affiliated relationship, free people do not anchored anchored liability, compensation and is anchored when the civil liability of people together; in the transfer did not transfer the case, for the false transfer issues to be borne jointly by the transfer of liability. The amount of compensation for the death of the issue, raised the compensation should be uniform standards for urban and rural people to improve the lives of compensation death compensation, death compensation should first debt proposal, intended to improve legislation and to explore the civil liability of motor vehicle traffic accident of the new system.

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