On The Compensation For Damage Responsibility Of The Traffic Accident Asserts And Belongs To The Responsibility

The traffic accident is regarded as the social phenomenon of highest and with extremely wide concern incidence, has already aroused the attention from people more and more. Assert and belong to responsibility not to concern road traffic accident rights and interests of party not merely to traffic accident compensation for damage responsibility, concerning stabilizing and development of the country too. For many years, asserting and belonging to the responsibility to continue to use the responsibility principle of the fault of compensation for damage responsibility of traffic accident in our country, which causes the compensation for damage responsibility of the traffic accident to assert and be lost the justice apparently by the responsibility in practice. Though the new " safety law of road traffic " and relevant administrative law and rules have established no responsibility principle of fault, having reflected the legal spirit of" people first", is belonging to break-through and leap in the field of the responsibility legislate of compensation for damage responsibility of traffic accident in our country. Because of complexity and variety of the traffic accident, so any simple traffic accident responsibility is > difficult to meet complicated various traffic accident responsibility assert and belong to the reality of the responsibility .In view of "safety law of the road traffic " in our country the time about formulation and implementation of the legal file is not long, few achievements about relevant laws and regulations systems, and too late to carry on deepen systematic summary and analyse on somecases of compensation for damage about new law , on the base of this,The text proceeds from reality of traffic safety administration, use the studying ways of standardize analysis and real example analysis, on the basis of differentiating concept of the traffic accident compensation for damage responsibility of the road, the compensation for damage responsibility of the traffic accident asserts and belongs to the responsibility question under laying particular emphasis on analyzing different situations.I think: (1) The motor vehicle on the express-way causes casualties and property loss, should abide by no responsibility principle of fault;(2) Motor vehicle and motor vehicle happen traffic accident abide by " fault principle ";(3) On general traffic road, the traffic accident among motor vehicle , non-motor vehicle and pedestrian, should be " infer the fault principle " ; (4) To happen automobile brake accident, cause passenger injuries and deaths, have no fault principle suitably; Only cause passengers to take articles to damage , lose by oneself, suitable fault responsibility principle;(5 ) if the victim has fault to the emergence which damages the fact, abide by the balanced principle of the fault.This text is divided into five parts: First part , the article have analyzed the concept of the traffic accident of the road, the traffic accident compensation for damage of the road and the road traffic accident compensation for damage responsibility emphatically; Second part, the article have explained asserting and belonging to the asserting of concept, nature and traffic accident compensation for damage responsibility subject of the responsibility of traffic accident compensation for damage responsibility of the road mainly;The third...