On The Compensatory Main Body In Damages Caused By The Road Traffic Accident

This paper does an analysis from five parts on the basic elements of road traffic accident such as its definition, nature, constitutive requirements, compensatory features, and the theoretical basis, and summarizes the identification criterion on compensatory main body in various situations of road traffic accident.Part-1 is the overview of compensatory main body in the road traffic accident, including the definition and nature of compensation for damages in road traffic accident, the constitutive requirements of the compensation responsibility, features of the compensation, and the theoretical basis of the identification of compensatory main body of road traffic accident. There are five constitutive requirements of the compensation responsibility in road traffic accident: first, road traffic accident shall occur on roads; second, there shall be damage to the victim; third, the perpetrator is required to have traffic violations; fourth, traffic illegal conducts shall have a causal relationship with the fact of damage; fifth, the perpetrator is required to be at fault. There are six characteristics of the compensation for damages in road traffic accident: First, the application of the interested party to the People's Court for property attachment prior to lawsuit has been increased. Second, the objection proposed by litigants to the protocol on traffic accidents which are formulated by the traffic control department of the public security organ has been increased. Third, the lasting period of litigation for some cases are prolonged, and the nol-pros cases are increased. Fourth, the awareness of safeguarding rights according to laws of the victims and their relatives has been enhanced, and cases are increasing in a large degree. Fifth, the plaintiffs claim at a high level, with an increasing rate of winning over, but the compensation is relatively less in the amount. Sixth, the mobility of vehicle and personnel increases the difficulty of the case hearing, which makes a relatively long period of hearing. The identification of compensatory main body of road traffic accident in China is assured by running interests and running disposal.Part-2 is about the identification of the compensatory main body in road traffic accident damages, including the general principles of identification, the identification of the compensatory main body when the road traffic accident happens under legal use of vehicles, the identification of the compensatory main body when the road traffic accident happens under unauthorized use of vehicles, and the identification of the compensatory main body for damages in other situations. In principle, the responsibility of compensation for damages in road traffic accident should be assumed by the driver, who causes the traffic accidents, but if the driver committing a traffic accident is unable to compensate for the time being, the compensation shall be undertaken for advances by the unit which the driver belongs to or the owner of the motor vehicle. If the motor vehicle driver commits a traffic accident on duty, the unit or the owner shall be responsible for the compensation liability. There are the following situations of legal use of vehicles: the drivers commit traffic accidents when driving their own motor vehicles; the drivers commit traffic accidents while driving motor vehicles borrowed from others; the vehicles cause the traffic accidents after being contracted out to other units; the traffic accidents happen in the event that the vehicles during repair are driven by the repairers without the authorization or they are lent to others by the repair facility without the authorization; the vehicles causing the traffic accidents are driven without the authorization during storage in the parking lot or storage station; the vehicles cause traffic accidents after being stolen. In reality, in the case that the actual owner and registered proprietor are not inconsistent, the vendee should be taken as the defendant in an accident, but the registered owner on the driving license should also be classified as co-defendant being required by the plaintiff to assume the advance responsibility or joint liability.Part-3 is about the status of the insurance companies in the cases about compensation for damages in road traffic accident, including the involved insurance classification in disputes in compensation for damages in road traffic accident, the attribution of responsibility for the insurance, and the commitment of liability insurance involved in compensation disputes. There are mainly two kinds of insurance in connection with disputes in compensation for physical injury in road traffic accidents, and they are the compulsory insurance for traffic accident of motor-driven vehicle (hereinafter in abbreviation of traffic-compulsory insurance) and vehicles'compulsory issuance for any third party. As for the methods of bearing liability, the traffic-compulsory insurance applies to no-fault liability, and the business issuance for any third party.Part-4 includes four methods of bearing liability and the scope of liability for the main body to compensate the damage in road traffic incidents. The four methods are respectively the independent responsibility, joint liability, advance responsibility, and vicarious liability. The compensation proportion will be different according to different methods of bearing liability. The scope of compensation for damages in road traffic accident which should be assumed by the obligor covers the medical expenses, charge for loss of working time, costs for nursing care, transportation fees, accommodation charge, hospital food subsidies and necessary nutrition cost. The obligor shall also compensate for the necessary expenses on increasing the living needs and the loss of income for the victims as a result of incapacity of working, who are maimed of injuries, including compensation for disability, rehabilitation expenses, and living expenses of the dependents maintained by the victims, as well as the necessary rehabilitation costs, nursing care, and follow-up treatment cost as a result of rehabilitation care and continued treatment. The victims being dead, in addition to compensating for the related costs based on life-saving treatment which are provided in the first paragraph of this article, the obligor should also compensate for the funeral expenses, living expenses for dependents maintained by the victims, compensation for death, as well as other reasonable expenses such as the transportation fees, lodging charges and loss of working time when the relatives of the victims handle the funeral issues, along with the spirit of solatium.Part-5 is to handle the problems that should be paid attention to in judicial practice of cases about the compensation for damages in road traffic accident, including the burden of proof in those cases, as well as other common problems. With the rapid development of economic construction and the increasing vehicles in urban and rural areas, a large number of cases about compensation for damages in traffic accidents are litigated to court, and therefore to deal with such cases, we should pay attention to the allocation of the burden of proof, the method for calculating the amount of compensation, insurance types, and limits to insurance and so on.