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How To Determine Motor Vehicle Scrap

Mar 11, 2020 Leave a message

  1. From the perspective of literal interpretation, it is only necessary to determine that a scrapped motor vehicle meets the legal standards.

  2. From the perspective of purpose interpretation, scrapped motor vehicles are a dangerous source of legal benefits that threaten the safety of people's lives and property.

  3. From the perspective of fact finding, it can also be ascertained that the motor vehicle has reached the scrap standard through proof by the parties.

  4. From the perspective of the effect of law implementation, the use of substantive standards can control or minimize the occurrence of dangers.

In summary, when applying Article 51 of the Tort Liability Law, the people's court should adopt substantive review standards, that is, if the trial can determine that the vehicle has reached the scrap standard, its assignor and assignee shall bear joint and several liability.

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