On The Compensation Responsibility For Damage In The Traffic Accident Of Motor Vehicles

In recent years, with the fast development of the economy of our country, the constant improvement of the living standards of the people, the quantity of motor vehicles increases rapidly, meanwhile, the traffic accident that the motor vehicle causes increases day by day too. How to set up the complete compensation responsibility system for damage in traffic accident of motor vehicles, become the problem that need to be solved urgently in legislation and the administration of justice.Compensation responsibility for damage caused by traffic accident of motor vehicle mean the civil compensation responsibility that because one party of motor vehicles causes the victim's body injury and property damage because of the behavior of injuring, he should bare in accordance with the money or material object. The compensation responsibility is special civil compensation responsibility that emerge on the basis of traffic accident. The homework of motor vehicle belongs to the highly dangerous homework, but the highly dangerous homework should apply responsibility principle with no fault.The continent law, according to responsibility principle with no fault let owners or drivers of all motor vehicle bear responsibility. Great Britain and America's rule apply responsibility principle of no fault through the liability insurance. At present, there are a great deal of theories regarding that our country should apply which kind of responsibility principle. " safety law about road traffic of the People's Republic of China " has established the principle system of the responsibility that combine the fault responsibility principle and responsibility principle of no fault, it has irrationality. For protecting interests of the victim to the greatest extent, to achieve the goal of inhibiting happening of the traffic accident of motor vehicle, our country should use the advanced legislative experience of the developed country for reference, adopt responsibility principle of no fault about compensation responsibility for damage caused by the road traffic accident of motor vehicle. We should also improve the relevant legislation from several following respects: First, Unify the relevant regulations of" general rule of the civil law " and " safety law of the road traffic "; Second, Connect the treatment organically that" contract law " and " safety law of the road traffic " regulate about responsibility; Third, Tabulate compensation range and compensation project in details; Four, Improve the relevant supplementary measures of" safety law of the road traffic "; Five, from legislating regulatorily, make " the compensation law for damages caused by the road traffic accident" in possible case. The responsible host of compensation responsibility for damage caused by the traffic accident of motor vehicle is owners and users of the motor vehicle. Because of Separation motor vehicle owner and user in practice and the intangible question of responsible host, we should distinguish and define different legal relations in order to confirm different responsible hosts, for this, this article makes key analysis of the judicial standard and applicable law of asserting responsible host in practice. Meanwhile, gave the essential argumentation about the compensation standard of the traffic accident of motor vehicle and the lawsuit status of the insurance company in forced responsibility insurance of the other person of motor vehicle.