试论涉外公路交通事故侵权的法律适用
发布时间：2018-10-23 15:08
【摘要】：由于历史、文化和经济等差异,各国对公路交通事故侵权案件的处理在法律上的规定各异,所以当涉外公路交通事故侵权案件发生时就产生了大量的法律冲突。然而此类案件的处理结果往往关乎于当事人的切身利益,也对一国的社会秩序和公共利益有着重大影响,更关系到法律公平正义理念的实现,以及使当事人之间失衡的利益天平重新回复平衡状态。故而确定处理该类案件所应适用的法律就显得十分重要,而恰当地确定准据法就需要合理的冲突规范来指引,在本文中笔者就将对涉外公路交通事故侵权的法律适用进行探讨。 文章通过运用比较分析、实证分析和价值分析的方法,从公路交通事故侵权的一般概念着手,对各国在涉外公路交通事故侵权领域中存在的法律冲突和法律适用规则进行研究,并汲取成功经验,对我国相关领域立法提出建议。全文共分为四部分: 第一部分,通过参考国内立法和国际条约中的规定,简要介绍与涉外公路交通侵权有关的基础概念。 第二部分,指出因各国法律传统、习俗制度以及经济发展状况不同而导致的涉外公路交通事故侵权案件中可能出现的法律冲突,即道路通行规则冲突,识别冲突,归责原则冲突,赔偿原则、标准和范围以及赔偿数额、限额冲突,当事人主体范围冲突和诉讼时效的冲突。 第三部分,简要论述各国一般涉外侵权法律适用的规则及其新发展和这些规则在涉外公路交通事故侵权领域的运用,以及海牙《公路交通事故法律适用公约》的有关内容。 第四部分,结合公路交通事故侵权的特殊性,借鉴各国以及国际公约的先进合理之处,提出对我国在该领域法律适用的立法建议并说明理由。
[Abstract]:Due to the differences of history, culture and economy, there are different legal provisions on the treatment of road traffic accident infringement cases in various countries, so a large number of conflicts of laws arise when the foreign highway traffic accident infringement cases occur. However, the outcome of such cases is often related to the vital interests of the parties, and also has a significant impact on the social order and public interests of a country, and is also related to the realization of the concept of law, fairness and justice. And the balance of interests between the parties to restore balance. Therefore, it is very important to determine the law that should be applied to deal with this kind of cases, and the proper determination of applicable law needs reasonable conflict norms to guide it. In this paper, the author will discuss the legal application of infringement of road traffic accident involving foreign countries. By using the methods of comparative analysis, empirical analysis and value analysis, from the general concept of highway traffic accident tort, this paper studies the conflict of laws and applicable rules of law in the field of foreign highway traffic accident tort in various countries. And draw on the successful experience, the relevant areas of legislation in China put forward suggestions. The paper is divided into four parts: the first part, by referring to the provisions of domestic legislation and international treaties, this paper briefly introduces the basic concepts related to the infringement of road traffic involving foreign countries. In the second part, the author points out the possible conflicts of laws, namely the conflict of road traffic rules, which may appear in the infringement cases of road traffic accidents involving foreign countries, which are caused by different legal traditions, customary systems and economic development conditions of various countries, namely, the conflict of road traffic rules, and the identification of conflicts. Conflict of imputation principle, compensation principle, standard and scope, amount of compensation, limitation conflict, conflict of subject scope and limitation of action. In the third part, the author briefly discusses the rules and new development of the application of foreign tort laws in various countries and their application in the field of infringement of road traffic accidents involving foreign countries, as well as the relevant contents of the Hague Convention on the Application of Law on Road Traffic Accidents. The fourth part, combined with the particularity of road traffic accident tort, draws lessons from the advanced and reasonable points of various countries and international conventions, puts forward the legislative suggestions and explains the reasons for the application of the law in this field in our country.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D997
本文编号：2289608
[Abstract]:Due to the differences of history, culture and economy, there are different legal provisions on the treatment of road traffic accident infringement cases in various countries, so a large number of conflicts of laws arise when the foreign highway traffic accident infringement cases occur. However, the outcome of such cases is often related to the vital interests of the parties, and also has a significant impact on the social order and public interests of a country, and is also related to the realization of the concept of law, fairness and justice. And the balance of interests between the parties to restore balance. Therefore, it is very important to determine the law that should be applied to deal with this kind of cases, and the proper determination of applicable law needs reasonable conflict norms to guide it. In this paper, the author will discuss the legal application of infringement of road traffic accident involving foreign countries. By using the methods of comparative analysis, empirical analysis and value analysis, from the general concept of highway traffic accident tort, this paper studies the conflict of laws and applicable rules of law in the field of foreign highway traffic accident tort in various countries. And draw on the successful experience, the relevant areas of legislation in China put forward suggestions. The paper is divided into four parts: the first part, by referring to the provisions of domestic legislation and international treaties, this paper briefly introduces the basic concepts related to the infringement of road traffic involving foreign countries. In the second part, the author points out the possible conflicts of laws, namely the conflict of road traffic rules, which may appear in the infringement cases of road traffic accidents involving foreign countries, which are caused by different legal traditions, customary systems and economic development conditions of various countries, namely, the conflict of road traffic rules, and the identification of conflicts. Conflict of imputation principle, compensation principle, standard and scope, amount of compensation, limitation conflict, conflict of subject scope and limitation of action. In the third part, the author briefly discusses the rules and new development of the application of foreign tort laws in various countries and their application in the field of infringement of road traffic accidents involving foreign countries, as well as the relevant contents of the Hague Convention on the Application of Law on Road Traffic Accidents. The fourth part, combined with the particularity of road traffic accident tort, draws lessons from the advanced and reasonable points of various countries and international conventions, puts forward the legislative suggestions and explains the reasons for the application of the law in this field in our country.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D997
【引证文献】
相关硕士学位论文 前1条
1 刘佳;论涉外公路交通事故侵权责任的法律适用[D];河北经贸大学;2012年
，本文编号：2289608
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