Vehicle Accident Liability For Damage To A Number Of Issues

Compensation for traffic accident caused by motor vehicles, which has been prescribed in most countries, is an important part in tort law. Law on compensation for traffic accidence is enacted to provide relief suffered from traffic accident With the economic development, there are more and more motor vehicles, which made traffic accident increase rapidly. Therefore to strengthen the legislation on compensation for traffic accident caused by motor vehicles is urgent In our civil law there's no unified law on compensation of traffic accident, which are harmful to settle accident and protect the victims. Road Traffic Accident Safety Act, which was brought into effect in May 1, 2004, attracts much attention in society.In order to perfect our law on compensation for traffic accident from the mature experiences of foreign countries, the thesis may take systematic study on three aspects: doctrine of liability fixation in motor vehicle damage, liability insurance of motor vehicle and negligence set-off. The thesis consists of four parts.In the first part, implication and character of traffic accident and traffic accident liability is discussed. Traffic accident is the damage to person or property caused by moving motor vehicles. The accident has three characters: the specialty of object producing the damage, the certainty of the accident and the gravity of the damage. Traffic accident liability, which should be undertaken by the motor vehicle's side, is the compensation to damage of traffic accident The character of traffic accident liability includes the following aspects: objectivity of doctrine of liability fixation, peculiarity of the liability requirements, extensive extent of compensation, and so on.The second part explores our country's doctrine of liability fixation in traffic accident First of all, the author deals with the main opinions on doctrine of liability fixation in our academic circle, and concludes that, in our tort law, the basic doctrine is doctrine of fault liability. No-fault liability and equitable liability doctrine, which do not deny fault liability doctrine, are special and independent doctrines. However, the doctrine of presumption of fault is not anindependent doctrine.Under comparison of different country's legislation on doctrine of liability fixation in traffic accident, the author analyzed why fault liability is adopted by Taiwan and Anglo-American legal system. The reason is that there is sound social security system and liability insurance system. Due to the shortage of our country in social security system and liability insurance system, we must use different doctrine of liability fixation according with the different situation. Between motor vehicle and motor vehicle, the doctrine of fault liability should be adopted, while between motor vehicle and non-motor vehicle or passenger, the no-fault liability should be adopted.The third part concerns the insurance of motor vehicle liability. In this part, the author elaborates the remarkable function of compulsory insurance of motor vehicle lies in compensating the damage, and the nature of obviously public welfare is to enforce new social policy compulsorily. In addition, this part argues the present situation of our insurance system of motor vehicles and presents some suggestions about improvements. The relationship between third party liability insurance and compulsory third party insurance is that the former is business insurance while the latter falls into the category of compulsory insurance. The author also puts forward some problems resulting from the application of the Road Traffic Accident Safety Act.The fourth part explores the set-off of negligence. The author first explains the definition of set-off of negligence, under which circumstance the debtor or victim fails to perform the obligation, i.e., the debtor or victim's negligence contributes to the damage, the court reduces the sum of damages. The mechanism is designed to achieve justice. Moreover, it implies the principle of good faith. Then the author studies the reason for the adoption of set-off of negligence in the context of no-fault liability.In the application of the doctrine of set-off of negligence, it is necessary to strike a balance between the power of causes with the two parties. The institution is prior to the doctrine of "assumption of liability lies in the part with advantage" and applies with the doctrine of ex officio of the justice.The fault and degree of the victim's negligence is in the judge's discretionto reduce the sum of the damages. With regard to the stability and judicial justice, it is necessary to quantify the set-oflf of negligence in the light of successful experience from abroad and regulate an effective formula of set standard for the evaluation of the fault.The application of this doctrine should be within the limitation of passive losses and consolation money rather than positive losses, for the reason that the medical and hospitalization expenses concerning the life and health interest of the victim should be paid compulsory in reality. The subject of set-off of negligence includes both direct and indirect victim. As for the limitation of the victim, this doctrine does not apply if the victim is handicapped, over 70 years old or below 12.