A Study On The Protection Of The Victims In Motor Traffic Accidents

The number of China’s motor vehicle keep growing,and the death toll caused by the motor vehicle traffic accident is rising.China has become one of the biggest traffic deaths countries in the world.According to the role plays in the victim’s relief,it has been divided into three patterns in various countries and regions which includes horizontal structure,inverted pyramid model,pyramid model.Our country’s relief are being improved and has formed three module,which includes the aggressor’s tort liability,the mandatory motor vehicle traffic liability insurance and the road traffic accident social relief fund. But the compulsory motor vehicle liability insurance is short in practice,which makes a lot of regulations not mature.So we should draw experience from other countries and regions to make it perfect.And the specific management way about the relief fund is still not specific issued,which obviously can not play well as a supplementary role for liability insurance,and many victim in urgent need can’t get relief,which is contrary to the purpose of its establishment.In addition to the introduction and the conclusion,the paper is divided into four parts to analyze the protection mechanism of the the victim in motor vehicle accident.The first part of the paper analyzes the range of the victim in the mandatory motor vehicle traffic liability insurance compensation,and points out it is too small.So we can expand it by expanding the connotation and extension of the motor vehicle and expand it from the victim’s own range.Our purpose is to make more victim get the relief of insurance mechanism and protect the interests of the victim.The second part of the paper analyze the necessity of whether to give the victim’s right of direct claim.Refer to other countries and regions,we should give the victim’s right of direct claim in the law to make the victim obtain relief timely.The third part of the paper analyze the victim’s compensation scope.Compared to many countries and regions,our country compensate the victim from personal injury, property damage and mental damage.The newly Interpretation of Application of Law for Trying Cases of Traffic Accident Damages Compensation divide the personal injury and property losses clearly,and the mental damage is included in the scope of personal injury,which is a good move.But it remains to be improved in the breakdown limit and medical costs.And the provisions of the compensation for mental damage should also be detailed,which can refine the victim’s compensation scope.The four part of the paper analyze the social relief fund,which is a supplementary mechanism for compulsory insurance. So we should enact our own counterparts which can hold each other accountable, implement central unified standards,expand the source,expand the scope and so on.Only strengthen the binding,can we protect the victim in need of aid.