人身?yè)p害賠償訴訟時(shí)效問(wèn)題研究
[Abstract]:The newly published General principles of Civil Law of the people's Republic of China stipulate the system of limitation of action in Chapter 9, which shows the importance of the system of limitation of action. With the gradual improvement of human rights theory, more and more people begin to pay attention to their legitimate rights and interests, especially the personal rights and interests which are closely related to life and health. When the personal rights are infringed unlawfully, people usually choose to defend their own interests with legal weapons. Personal injury compensation cases more and more, and the variety of complex cases. On the other hand, the legislation on limitation of action for personal injury in the current law of our country is not complete. Specifically, the problems of the scope of application, the beginning of the limitation period and the length of the limitation period have not been well solved, so that a lot of problems appear in the practical application. This article is a probe into the perfection of the statute of limitations system of personal injury compensation. The first chapter expounds the limitation system from three aspects: its value, characteristics and relevant provisions of the current law. The second chapter introduces the starting point of compensation for personal injury, through the typical case reaction can be done in practice, introduced the academic objective criteria, subjective standards and claims can be exercised in theory. From the experience of foreign legislation, we can see that more and more countries choose to exercise their rights in reality. Finally, the legislation of the statute of limitations for personal injury is confirmed from the time when the right holder can exercise the right. The third chapter introduces the period of limitation of action for personal injury, from the angle of judicial practice, as well as the point of view of academic circles on the compensation for personal injury in our country, we can find that the period of limitation of action for personal injury in our country is too short, which is not conducive to the protection of the rights of the parties. However, the provisions of limitation period for personal injury compensation are generally long in the world. It is suggested that the limitation of action for personal injury should be extended to 10 years, while the system of maximum limitation of action should be abolished for compensation for personal injury. The fourth chapter introduces the application of the limitation of breach of contract and tort, enumerates the international practice of concurrence of breach of contract and tort and the theory of academia. It is suggested that the limitation of action for personal injury should be integrated, because the difference between the two kinds of liability is not obvious. The fifth chapter enumerates the traffic accident, the environmental pollution, the medical treatment damage as well as the minor suffered the special personal injury type, including: in the traffic accident personal injury compensation action prescription, This paper introduces the determination of the starting point of limitation period for compensation for traffic accident damage, and for the calculation of limitation period of subsequent loss, the timing of the period of limitation period should begin after the total amount of loss can be determined, and in the statute of limitations of action for personal injury of environmental tort, Highlighting the causality of environmental tort is difficult to determine the impact of this problem on the statute of limitations. It should be calculated from the time when the obligee knows and should know that his rights have been infringed, and clearly defines the perpetrator and determines that the damage is caused by it. For those environmental tort whose incubation period is longer than 20 years, the maximum limitation period system can not be applied. In the limitation of action for medical damages, the starting point should be determined in the spirit of protecting the vulnerable group of patients, and should not use "should know" as far as possible to speculate, and refine the standard to be found or diagnosed from the damage suffered by the patient. And it can determine the causality between the damage and the treatment behavior of the medical institution. The statute of limitations for underage sexual assault begins when the victim reaches the age of 21 and is separated from common family life.
【學(xué)位授予單位】:遼寧大學(xué)
【學(xué)位級(jí)別】:碩士
【學(xué)位授予年份】:2017
【分類(lèi)號(hào)】:D923
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