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Research on Damages Liability for Traffic Accident Caused by Stolen Motor Vehicle

Author: LvYanLi
Tutor: YangChunPing
School: Chongqing University
Course: Legal
Keywords: Road traffic accidents Liability for damages Stolen motor vehicle Special circumstances The main responsibility
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 0
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Abstract


The advent of the motor vehicle to bring convenience to people's lives, but also created a large number of traffic accidents. Especially in recent years, the sharp increase in the number of accidents, serious impact on people's daily life and social stability factors of disharmony. I combine judicial practice and legislation, the stolen motor vehicle road traffic accidents this special case to investigate in-depth study of the case for damages related issues, the focus is on whether the owner of the vehicle is liable for damages of detail to explore . The framework of this paper is divided into four parts: the first part of the use of the method of deductive argument argument, based on the general theory of the responsibility of road traffic, a clear definition and connotation of road traffic accidents on the road traffic accident damages generally recognized standards of the main thus proposed a stolen motor vehicle road traffic accident damage compensation main particularity. The second part of the method of analysis and appraisal of the positive law from reality, the combination of newly enacted legislation, in particular the implementation of the People's Republic of China Tort Liability Act (hereinafter referred to as the \Pirates of the motor vehicle road traffic accident liability system problems and reasons. The third part is to examine and learn from the advanced experience of foreign About a stolen motor vehicle accident damage liability regime. The fourth part in the first three parts on the basis of analysis and study of current legislation on stolen motor vehicle road traffic damage compensation system, the need to improve the content, explore the stolen car involved in a traffic accident in a variety of situations, how to determine traffic damages the main responsibility, how to divide the responsibility, not only to solve the real problem \party to shirk its responsibility, the infringer to give enough punishment and education, protect the legitimate rights and interests of the parties on stolen motor vehicle accident, the insurance company's responsibility to put forward their views and recommendations. I proceed from the basic theory of road accident responsibility, using deductive argument and demonstration of positive law, combined with the theory of civil law, the lack of institutional existence of China's legislative analysis, especially for the newly enacted Tort Liability Act, 52 proposed assessment, and then learn from foreign advanced legislative experience, in-depth analysis and discussion of legislation damages for stolen motor vehicle road traffic system needs to be improved, and the issue of sharing this special case of infringement liability for damage and insurance responsibilities own shallow understanding, hoping this article can be helpful to the future of judicial practice and trial practice, and contribute their little strength for the socialist legal system.

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