A Study Of Liability Of Compensation For The Damage Of Traffic Accident

The quantity of cars is getting more and more as the economics developes rapidly, at the same time, the quantity of traffic accidents is on the up-trends. So the question of the compensation for damage of it is presented out. It is a brutal reality that how to prevent and deal with the traffic accident. The new security traffic law has a great progress in contrast with the old one. But it is not a thorough regulation for the compensation for the damage of traffic accidents. This paper presents a thorough comment on Chinese compensation for the damage of traffic accidents from theory and practice.This paper is divided into five parts and the conclusion.The first part present the question that how to conclude to the liability of traffic accident on the analysis of the necessity of the liability of traffic accident. It points out that adopting the fault liability and no-fault liability is an advanced legislation with the legislative practice of each country.The second part studies the subject of traffic accident which is a complicated question because the car itself is complicated with many kinds of ownership and users. The paper studies the different subjects under many kinds of complicated conditions in contrast with foreign laws combining with our legislative practice. It suggests that the traffic security law should judge the subject through the master of operation and the interest of operation to lead the un-united conditions to an end.The third part analyzes the constructive conditions of the liability of traffic accident. It points out the liability is composed of the condition of time and space and the fact of damage and the causality. It emphasizes that we should judge the causality according to the theory of appropriate causality.The fourth part discusses the principle and scale of the compensation...