On The Responsible Party In The Traffic Accident

Currently, traffic accidence has become the biggest "killer " to both pepole' s life and property , which even crueler than the war . Although "peace and develepment " is the most concern of international society,all countries have no way out when confroting the "killer " that more brutal than the war .The arch -criminal is the symoble of our morden couture -auto, autobike and so on,which is expanding in our country.So how to define the peacebreaker ,especially who to compensate for the loss, becomes the firsrt problem to resolve ,so that the victim can be protected .My essay consist of the following four parts:Firstly, define the traffic accidence accurently .Compare the difference between who causes and who pays for ,and point out the former is the administrative punishment and the other is the civil punishment .These two concepts are the same or different up to different situation, which is just the key point of my essay . The second part introduce three laws about traffic safety in China .Then find out the deficiency of them ,concludingthat neither <>and <>,nor the new enacted <> define the compensator accurently ,so we must pay more attention to this field .The third part starts with Janpanese definition of compensator.Analyzethe reason why Japan makes the controller compensate and how to establish the standards Of compensator. And these relate to different theories - "monism" and "dualism" .But both legislation and justice practice agree with the "dualism" mostly.The last part is about the deficiency in law to define compensator in China .Put forward that the first thing we need to do is to unify conception . Then introduce "monism" , "dualism " and "nominal master' s responsible " in our justice practice, advancing the theory that both controller and gainer should respond to compensate for the loss of traffic accidence, which not only consist with the maid trend theory of the international , but also guarantee the victim been protected .Above all , traffic accidence is not only the side effect of the auto-age , but also the most serious problem in our society nowadays . If we want to treat with the accident efficiently ,protect the victim sufficiently ,we must firstly establish a uniform standard to define compensator ,which will also spur the emergence of the law exclusively about traffic accident compensation .