Vehicle Accident Damage To The Compensation Principle

Motor vehicle, though as high-speed traffic machine, has always been, to some extent, beyond the control of human being because of subjective factors, etc. Traffic accident is the inevitable ramification of such high-tech invention. Traffic accident is a kind of special tort in the area of tort law. The thesis focuses on the principle of ascribing liability for compensation, when traffic accident happens between motor vehicle and non-motor vehicle or passerby. The principle of ascribing liability for compensation is the core of the theory of motor vehicle accident compensation, since it determines the elements of liability for compensation, distributing burden of proof, the conditions of exempt liability, the methods of compensation, the basis of lighten liability, etc. The basic theory of principle of ascribing liability, the tendency and development of tort law are the background of this research. The thesis includes such contents as follows: the introduction to the liability for compensation in traffic accident, the expatiation of the theory basis and the general instance both in civil law and common law system of principle of ascribing liability for compensation in traffic accident, the evolvement of the law in the area of traffic accident. In the end, the author proposes that the non-fault liability for accident compensation shall be prescribed clearly in civil law or tort law and considered as the core of damages system of traffic accident. Meanwhile, for the purpose of distributing damages, relieving victims and realizing social justice, the synthetical relief system which integrates the liability for compensation, social insurance and social salvation shall be established.The thesis includes four chapters. Chapter I introduces the general theory of the principle of ascribing liability for compensation in traffic accident. Such concepts as traffic accident, ascribing liability and principle of ascribing liability are clarified in order to expose the nature or feature of the liability for compensation in traffic accident, which determines the special principle of ascribing liability. Chapter II is about the theory basis of principle of ascribing liability for compensation in traffic accident. The infringement in traffic accident shall be analyzed in different types, and the tort law and the evolvement of the law in the area of traffic accident shall also be considered. Compared with these two aspects, this chapter concludes the tendency and development of tort law. In addition, the author proposes "four must" as the important factors which shall be thought through when deciding the principle of ascribing liability. Chapter III compares with the civil law and common law system in the said area in order that the tendency and feature of legislation may be input in PRC law system. Chapter IV analyzes the legislation situation in china and puts forward some suggestions from the research of the evolvement of principle of ascribing liability in traffic accident. The author concludes that there are some drawbacks in the civil law and relevant legal systems of our state which shall be improved. Otherwise, explanation research and comparative research are used in the thesis.