Road Traffic Liability in China: A View from Law and Economics: Chinese and Comparative Law Series, cartea 8
Autor Yu Yanen Limba Engleză Hardback – 20 noi 2019
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Specificații
ISBN-13: 9789004410015
ISBN-10: 9004410015
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Chinese and Comparative Law Series
ISBN-10: 9004410015
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Chinese and Comparative Law Series
Cuprins
Acknowledgments
List of Illustrations
List of Abbreviations
Introduction
1 Background
2 Aims of the Book
3 Structure and Brief Overview
1 The First Phase of Development
Introduction
1 The Legal Framework for Dealing with rta Related Disputes
2 Rules on Road Traffic Liability
2.1Fault-Based Liability in the 1951 Interim Measures
2.2Vicarious Liability in spc’s Judicial Interpretations
2.3Fault-Based Liability in Local Laws
3 Rules on the Compensation of Traffic Accident Victims
3.1Limited Amount of Compensation
3.2The Role of the “Danwei” in Victim Compensation
3.3Detailed Rules in the Local Administrative Measures
4 Methods Used to Settle rta Compensation Claims
5 The Development of Private Insurance
6 Conclusion
2 The Second Phase of Development
Introduction
1 The Legal Framework for Dealing with rta Related Disputes
2 Rules on Road Traffic Liability
2.1Strict Liability in the gpcl
2.2Inconsistent Interpretations in Local Laws
2.3A Uniform Interpretation in the 1991 Regulation
2.4Different Basis of Liability in the rtsl
2.5Liable Person in the tll
3 Rules on the Compensation of Road Traffic Victims
3.1Rules for Tort Damages in the gpcl
3.2Detailed Criteria for Calculating Damages Provided by Local Laws
3.3Uniform Criteria for Calculating Damages in the 1991 Regulation
3.4Harmonising the Compensation Criteria in Two Judicial Interpretations
4 Current Chinese Legal Framework for rta Prevention
4.1Aims of Tort Liability System
4.2Liability Rules
4.3Safety Regulation and Road Traffic Liability
5 The Impact of Insurance on the Road Traffic Liability System
5.1cvli before 2006
5.2cvli after 2006
5.3Social Security Schemes in China
5.4A Comparison of Different Insurances: Some Empirical Evidence
6 Conclusion
3 Economic Analysis of Road Traffic Liability
Introduction
1 Economic Essence of Tort Law
2 Deterrence via Tort Liability
2.1Unilateral versus Bilateral Accidents
2.2Applied to Road Traffic Accidents
3 The Impact of Imperfect Information
3.1Standard of Care
3.2Causation
3.3Damages
4 The Impact of Regulation
4.1The Need to Regulate Traffic Safety
4.2Arguments for Licensing Driving
4.3Arguments for Regulation
4.4Violation of Traffic Regulation and Liability
5 The Impact of Insurance
5.1Risk Aversion and the Demand for Insurance
5.2Problems of Insurance Markets and Possible Solutions
6 The Impact of Insolvency
7 The Impact of Litigation Costs
8 Compensation via Road Traffic Liability
8.1Rationale
8.2Compensation Accomplished by Insurance
8.3Compensation Accomplished by Road Traffic Liability
9 Conclusion
4 Empirics of Road Traffic Liability
Introduction
1 The Operation of the Road Traffic Liability Litigation System
1.1Frequency, Causes, and Severity of Road Traffic Accidents
1.2Claims Initiation
1.3Claims Resolution
2 Effects of Road Traffic Liability Reform on Litigation and Insurance
2.1Trends in Road Traffic Liability Claims
2.2Effects of Tort Reform on Claim Frequency and Damage Awards
2.3Effects of Tort Reform on Insurance
3 Safety Effects of Road Traffic Liability
3.1The Change in the Negligence Rule
3.2Safety Measures
4 Costs and Benefits
4.1Administrative Costs
4.2Cost-Benefit Analysis
5 Conclusion
5 Economic Analysis of Alternative Instruments
Introduction
1 Alternative Instruments for rta Prevention
2 The Choice of Sanctions
3 First-Party Insurance Scheme as an Alternative Compensatory Instrument
3.1First-Party Insurance versus Liability Insurance
3.2First-Party Insurance versus Tort Liability
4 Compensation Schemes Not Based on Fault
4.1No-Fault Compensation Systems for rta s
4.2Some Empirical Evidence
4.3Rationale of Compulsory Insurance
4.4Rationale of Social Security
5 Conclusion
6 Critical Analysis of the Current Road Traffic Liability System in China
Introduction
1 Critical Analysis of the Road Traffic Liability System in China
1.1Multiple-Goals
1.2Basis of Liability
1.3Objective Test to Determine Fault
1.4Imputability
1.5Causation and Causal Apportionment among Multiple Tortfeasors
1.6Quantum Rules
1.7The Role Played by the Victim
1.8Interplay between Traffic Safety Regulation and Tort Law
2 Critical Analysis of the Chinese rta Compensation System
2.1Liability Insurance in China
2.2First-party Insurance and Social Security Schemes
3 Some Empirics
3.1Frequency, Severity, and Causes of Road Traffic Accidents
3.2Claim Initiation
3.3Claim Resolution
3.4Litigation Costs
3.5The Effectiveness of Road Traffic Safety Regulation
4 Conclusion
7 Summary, Policy Recommendations and Future Developments
1 Summary of Main Findings
1.1Answers to Question 1
1.2Answers to Question 2
1.3Answers to Question 3
1.4Answers to Question 4
1.5Answers to Question 5
2 Possibilities for Future Research
3 The Way Forward
Appendix 1: Chinese Legislation
Appendix 2: Cases
Appendix 3: Interviews
Bibliography
Index
List of Illustrations
List of Abbreviations
Introduction
1 Background
2 Aims of the Book
3 Structure and Brief Overview
1 The First Phase of Development
Introduction
1 The Legal Framework for Dealing with rta Related Disputes
2 Rules on Road Traffic Liability
2.1Fault-Based Liability in the 1951 Interim Measures
2.2Vicarious Liability in spc’s Judicial Interpretations
2.3Fault-Based Liability in Local Laws
3 Rules on the Compensation of Traffic Accident Victims
3.1Limited Amount of Compensation
3.2The Role of the “Danwei” in Victim Compensation
3.3Detailed Rules in the Local Administrative Measures
4 Methods Used to Settle rta Compensation Claims
5 The Development of Private Insurance
6 Conclusion
2 The Second Phase of Development
Introduction
1 The Legal Framework for Dealing with rta Related Disputes
2 Rules on Road Traffic Liability
2.1Strict Liability in the gpcl
2.2Inconsistent Interpretations in Local Laws
2.3A Uniform Interpretation in the 1991 Regulation
2.4Different Basis of Liability in the rtsl
2.5Liable Person in the tll
3 Rules on the Compensation of Road Traffic Victims
3.1Rules for Tort Damages in the gpcl
3.2Detailed Criteria for Calculating Damages Provided by Local Laws
3.3Uniform Criteria for Calculating Damages in the 1991 Regulation
3.4Harmonising the Compensation Criteria in Two Judicial Interpretations
4 Current Chinese Legal Framework for rta Prevention
4.1Aims of Tort Liability System
4.2Liability Rules
4.3Safety Regulation and Road Traffic Liability
5 The Impact of Insurance on the Road Traffic Liability System
5.1cvli before 2006
5.2cvli after 2006
5.3Social Security Schemes in China
5.4A Comparison of Different Insurances: Some Empirical Evidence
6 Conclusion
3 Economic Analysis of Road Traffic Liability
Introduction
1 Economic Essence of Tort Law
2 Deterrence via Tort Liability
2.1Unilateral versus Bilateral Accidents
2.2Applied to Road Traffic Accidents
3 The Impact of Imperfect Information
3.1Standard of Care
3.2Causation
3.3Damages
4 The Impact of Regulation
4.1The Need to Regulate Traffic Safety
4.2Arguments for Licensing Driving
4.3Arguments for Regulation
4.4Violation of Traffic Regulation and Liability
5 The Impact of Insurance
5.1Risk Aversion and the Demand for Insurance
5.2Problems of Insurance Markets and Possible Solutions
6 The Impact of Insolvency
7 The Impact of Litigation Costs
8 Compensation via Road Traffic Liability
8.1Rationale
8.2Compensation Accomplished by Insurance
8.3Compensation Accomplished by Road Traffic Liability
9 Conclusion
4 Empirics of Road Traffic Liability
Introduction
1 The Operation of the Road Traffic Liability Litigation System
1.1Frequency, Causes, and Severity of Road Traffic Accidents
1.2Claims Initiation
1.3Claims Resolution
2 Effects of Road Traffic Liability Reform on Litigation and Insurance
2.1Trends in Road Traffic Liability Claims
2.2Effects of Tort Reform on Claim Frequency and Damage Awards
2.3Effects of Tort Reform on Insurance
3 Safety Effects of Road Traffic Liability
3.1The Change in the Negligence Rule
3.2Safety Measures
4 Costs and Benefits
4.1Administrative Costs
4.2Cost-Benefit Analysis
5 Conclusion
5 Economic Analysis of Alternative Instruments
Introduction
1 Alternative Instruments for rta Prevention
2 The Choice of Sanctions
3 First-Party Insurance Scheme as an Alternative Compensatory Instrument
3.1First-Party Insurance versus Liability Insurance
3.2First-Party Insurance versus Tort Liability
4 Compensation Schemes Not Based on Fault
4.1No-Fault Compensation Systems for rta s
4.2Some Empirical Evidence
4.3Rationale of Compulsory Insurance
4.4Rationale of Social Security
5 Conclusion
6 Critical Analysis of the Current Road Traffic Liability System in China
Introduction
1 Critical Analysis of the Road Traffic Liability System in China
1.1Multiple-Goals
1.2Basis of Liability
1.3Objective Test to Determine Fault
1.4Imputability
1.5Causation and Causal Apportionment among Multiple Tortfeasors
1.6Quantum Rules
1.7The Role Played by the Victim
1.8Interplay between Traffic Safety Regulation and Tort Law
2 Critical Analysis of the Chinese rta Compensation System
2.1Liability Insurance in China
2.2First-party Insurance and Social Security Schemes
3 Some Empirics
3.1Frequency, Severity, and Causes of Road Traffic Accidents
3.2Claim Initiation
3.3Claim Resolution
3.4Litigation Costs
3.5The Effectiveness of Road Traffic Safety Regulation
4 Conclusion
7 Summary, Policy Recommendations and Future Developments
1 Summary of Main Findings
1.1Answers to Question 1
1.2Answers to Question 2
1.3Answers to Question 3
1.4Answers to Question 4
1.5Answers to Question 5
2 Possibilities for Future Research
3 The Way Forward
Appendix 1: Chinese Legislation
Appendix 2: Cases
Appendix 3: Interviews
Bibliography
Index
Notă biografică
Yu Yan obtained her Ph.D. in Law in 2018 in Institute for Transnational Legal Research (METRO) at Maastricht University in the Netherlands. She now works as a research fellow in School of Law at Xiamen University in China. She has published several articles and her research interest includes tort law, law and economics analysis of accident law, and insurance law.