The Law Application Of Mental Damage Compensation Of Road Traffic Accidents

Compensation for moral damage is to protect the personal interests of the civil subject system. With the development of human society, more and more respect for human rights, Protection of human rights law as an important part of compensation for moral damage is also more natural for the modern civil legislation of concern to all countries. And in recent Years, due to a substantial increase in the number of motor vehicles, road traffic fatalities in China each year the number of people of 10 million people, injured 50 million were up and down the number of road traffic accident personal injury compensation cases caused by the spirit of continued growth in the spirit of road traffic accidents damages Compensation is increasingly prominent. In this paper, the spirit of road traffic accident compensation law applicable to the problems in the start, from the four aspects of elaborated:Part I: From the spirit of a road traffic accident compensation in the history and current situation of mental damages of road traffic accidents compensation system scope, the object to proceed to the spirit of a road traffic accident compensation for the overall analysis.Part II: From the spirit of a road traffic accident compensation for basic overview paper points out the spirit of a road traffic accident damage problems in compensation for moral damage compensation, including the existence of cognitive errors; people's court case of accident compensation for moral damage responsibility principle adjustment range is unknown; the courts in cases of accident compensation for moral damage, "price for Life with" serious condition; The spirit of the people traffic court to determine the amount of compensation for damages is difficult and so on.Part III: The spirit of road traffic accidents compensation for reasons for the problems in the legislative, judicial analysis of two aspects, road traffic legislation, including compensation for moral damage was unclear; road traffic accidents attributable to the principle of compensation for moral damage adjustment range is unknown; the lack of relevant laws and regulations resulting in "Life with price" from happening; road accidents amount of damages the spirit of non-uniform application of standards. Judicial reasons including judicial staff legal literacy is low; civil trial litigation for too long, resulting in low efficiency, the second part of the case problems.Part IV: In the spirit of a road traffic accident compensation law for the problems in the combination of "Tort Liability Act," the new provisions, "Tort Liability Act," the rationality of the new requirements were analyzed, including damages for mental protection identification of the range; "Price for Life with" re-found analysis of the problem; the amount of compensation for moral damage and improve our standard of road traffic accidents to determine damages the spirit of the reform package to start auto liability insurance system, the formation of specialized collegiate bench road traffic accidents. The two areas from the legislative and judicial expectations can set the spirit of a road traffic accident compensation legal perfect help.