道路交通事故侵权赔偿案例分析
发布时间：2019-06-06 00:12
【摘要】：近年来,随着机动车辆的剧增,机动车交通事故侵权案也大量出现,给人们人身和财产造成了巨大的损失。如何在交通事故发生后,对受害人及其亲属所受到的身体、精神及财产的损失进行弥补,以及缓和行为人与受害人之间的冲突,进一步维护社会稳定已成为民事审判中必须考虑的重点内容。我国立法也对道路交通事故侵权赔偿进行了一定的规制,比如国务院在2006年制定和颁布了《机动车交通事故责任强制保险条例》,该条例为机动车第三者责任强制保险提供了具体的操作办法。2008年,全国人大常务委员会将《中华人民共和国道路交通安全法》第76条进行了修改。至此,我国第三者责任强制保险制度开始施行,这一制度的施行使得道路交通事故责任赔偿的模式发生转变。传统的、单一的侵权损害赔偿模式开始转变为侵权赔偿与保险赔偿纠纷竞合的复杂情形。道路交通事故侵权赔偿也由原来法律关系较为单一、法律适用相对简单的传统民事案件,转化为法律关系繁杂、诉讼主体多元化、法律适用难度增大的复杂、疑难案件。从全国大量这类案件的审理情况可以看出,这类案件的在处理的过程中,复杂多变,难以把握,且判决结果往往富有争议。本文通过对典型个案进行研究,结合《道路交通安全法》、《侵权责任法》的相关法律,对案件所反映出的法律问题进行深入分析,以期达到明确划分交通事故中侵权人、保险公司等各方当事人的责任,保障受害人的合法权益,并为这类案件的审理提供借鉴的目的。
[Abstract]:In recent years, with the rapid increase of motor vehicles, a large number of motor vehicle traffic accident infringement cases have also appeared, causing great losses to people's personal and property. How to make up for the physical, mental and property losses suffered by the victim and his relatives after the traffic accident, and to alleviate the conflict between the perpetrator and the victim, Further maintenance of social stability has become a key content that must be considered in civil trials. China's legislation has also regulated tort compensation for road traffic accidents to a certain extent. For example, the State Council formulated and promulgated the regulations on compulsory Insurance for Motor vehicle Traffic Accidents liability in 2006. The regulations provide specific operational measures for compulsory liability insurance for motor vehicles. In 2008, the standing Committee of the National people's Congress amended Article 76 of the Road Traffic Safety Law of the people's Republic of China. At this point, the compulsory insurance system of third party liability in our country has been implemented, and the implementation of this system has changed the mode of liability compensation for road traffic accidents. Traditionally, the single mode of tort damages begins to change into the complex situation of the concurrence of tort compensation and insurance compensation disputes. The traditional civil case of road traffic accident tort compensation is also transformed from the traditional civil case with relatively simple legal application to the complex legal relationship, the diversification of the subject of litigation, the complexity of the difficulty of legal application, and the difficulty of applying the law to the traditional civil case, which is relatively single in legal relationship and relatively simple in application of law. From the trial situation of a large number of such cases in China, it can be seen that in the process of handling such cases, it is complex and changeable, difficult to grasp, and the judgment results are often controversial. Through the study of typical cases, combined with the relevant laws of Road Traffic Safety Law and Tort liability Law, this paper makes an in-depth analysis of the legal problems reflected in the case, in order to clearly divide the infringers in traffic accidents. The responsibility of the insurance company and other parties to protect the legitimate rights and interests of the victim, and to provide reference for the trial of this kind of cases.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14;D923
本文编号：2493922
[Abstract]:In recent years, with the rapid increase of motor vehicles, a large number of motor vehicle traffic accident infringement cases have also appeared, causing great losses to people's personal and property. How to make up for the physical, mental and property losses suffered by the victim and his relatives after the traffic accident, and to alleviate the conflict between the perpetrator and the victim, Further maintenance of social stability has become a key content that must be considered in civil trials. China's legislation has also regulated tort compensation for road traffic accidents to a certain extent. For example, the State Council formulated and promulgated the regulations on compulsory Insurance for Motor vehicle Traffic Accidents liability in 2006. The regulations provide specific operational measures for compulsory liability insurance for motor vehicles. In 2008, the standing Committee of the National people's Congress amended Article 76 of the Road Traffic Safety Law of the people's Republic of China. At this point, the compulsory insurance system of third party liability in our country has been implemented, and the implementation of this system has changed the mode of liability compensation for road traffic accidents. Traditionally, the single mode of tort damages begins to change into the complex situation of the concurrence of tort compensation and insurance compensation disputes. The traditional civil case of road traffic accident tort compensation is also transformed from the traditional civil case with relatively simple legal application to the complex legal relationship, the diversification of the subject of litigation, the complexity of the difficulty of legal application, and the difficulty of applying the law to the traditional civil case, which is relatively single in legal relationship and relatively simple in application of law. From the trial situation of a large number of such cases in China, it can be seen that in the process of handling such cases, it is complex and changeable, difficult to grasp, and the judgment results are often controversial. Through the study of typical cases, combined with the relevant laws of Road Traffic Safety Law and Tort liability Law, this paper makes an in-depth analysis of the legal problems reflected in the case, in order to clearly divide the infringers in traffic accidents. The responsibility of the insurance company and other parties to protect the legitimate rights and interests of the victim, and to provide reference for the trial of this kind of cases.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14;D923
【参考文献】
相关期刊论文 前3条
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2 李明义;;交通事故损害赔偿案件审判实务研究[J];法律适用;2010年07期
3 张新宝;;道路交通事故责任归责原则的演进与《道路交通安全法》第76条[J];法学论坛;2006年02期
，本文编号：2493922
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