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Researches on Damage and Compensation for Lifts with Good Intentions in Traffic Accidents
Author: LiuRong
Tutor: LiangYuXia
School: Jinan University
Course: Civil and Commercial Law
Keywords: damages in lifts with good intentions torts low-carbon economy relationship between cause and effect fault
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 378
Quote: 5
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Abstract
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A lift with good intentions means the free passenger gets a ride with the consent of the rightful owner of the vehicle. It is free of charge and can promote feelings for each other. Along with more and more serious traffic accidents and environmental problems, a lift with good intentions becomes wide widespread, so disputes about damages and compensations in traffic accidents arising from lifts are more and more common nowadays. Foreign countries have relatively perfect legal systems on damages and compensations for lifts with good intentions in traffic accidents, however, there are legislative gaps in this field in our own country. Herein, I have done some systemic and intensive researches on this problem, with methods of inductive analysis, qualitative analysis, empirical study, value analysis and cross-disciplinary research., and raised many assumptions for legal system on damages and compensations for lifts with good intentions in traffic accidents from the fields of insurance and social relief fund, at macro and micro levels, looking forward to helping with the establishment of legal system on damages and compensations in our country.This paper is divided into five parts, and the fourth and fifth parts are key and innovative parts of the text. I pose the questions and define the meanings, traits and scope of lifts with good intentions in the first part. To discriminate the qualities between the action of lifts with good intentions and damages by means of qualitative analysis, comparative analysis and chart analysis is my main task in the second part. In the third part of my paper, I have concluded the legislative status about damages and compensations about lifts in foreign countries by way of empirical study, in order to point out the legislative vacancy in this field of our legal system. In the fourth partⅠplace much emphasis on analyzing the reasons of the vacancy by theories of cause and effect relationships and fault, and illuminating the urgency to establish the legal system on damages and compensations for lifts with good intentions in traffic accidents by stating the relationship between morality and laws, the need of low-carbon economy and a harmonious society. The last part is to solve the problem, listing plenty of suggestions on the establishment of legal system of damages and compensations for lifts with good intentions in traffic accidents by value orientation, the application of principles, the building of specific legal system and the improvement of social relief fund.
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