The Road Traffic Accident Compensation System Change And The Question Study In China

First, Selected topic significance and research goalSince on May 1, 2004, "the People's Republic of China Road traffic Security Law" has implemented, our country's traffic accident damage compensate system has had the very big change. Established the compulsory insurance system, the society newly has rescuing fund system, the compensation turns over to the responsibility principle, the rescue expense to pay the system, the compensation solution way has had the very sweeping change. Because the majority of lawmen are strange to this system understanding, cannot utilize this system skilled in the concrete implementation, on objective played the hindrance role. At present this system movement also is in "wears in" the stage, various departments coordination and cooperates mutually undertightenedly, adds system itself insufficiently to consummate, the existence has many questions.The author takes the public security traffic control department legal system department staff, in order to the practical work needs (traffic police department to be responsible for all traffic accident damage compensate mediation work), knew clearly our country road traffic accident damage compensate system principle, correct, applies this system solution work the question is extremely essential skilled, in order to better handles the traffic accident case legally, properly, protects the traffic accident victim benefit practically, maintains the traffic accident all quarters litigant rights and interests. Therefore the author in the extant rationale, unifies oneself works the reality, the model overseas advanced traffic accident compensation system, the change which occurs by our country transportation damage compensate system is a breakthrough point, has thoroughly analyzed our country traffic accident compensation system.Second, Research mentality and research techniqueAround this article implements by "Road traffic SecurityMethod", our country transportation damage compensate system occurs the change obtains, key to traffic accident damage compensate system basic principle change; The traffic accident damage compensate turns over to the responsibility principle change; In traffic accident vehicle third party issurance system change; Our country road traffic accident rescues the expense to pay the way as well as the damage compensate procedure change; Our country road traffic accident rescues the expense to pay the way as well as the damage compensate procedure change; The our country traffic accident damage compensate social rescue measure establishment five aspects carry on the elaboration. While the longitudinal comparison, crosswise and overseas and other local correlation legal regime carries on the comparison, analyzed the difference and the change which around our country traffic accident damage compensate system exists. Simultaneously had pointed out our country traffic accident damage compensate system the question which can meet in the actual utilization process, carries on the analysis to its reason. Finally this article has carried on the summary and the analysis to our country's traffic accident compensation system legislation.This article used indignantly read legal science methods and so on the analytic method, comparison analytic method, economical analytic method and case analytic method carries on the analysis for our country traffic accident compensation system change.Third, Article structure and primary coverageThis article except outside the introduction and the concluding remark, the main body uses the structure pattern which under the chapter sectionalizes, the altogether six chapters, various chapters primary coverage is as follows:First chapter, in our country road traffic accident damage compensate system basic principle change. After elaborated emphatically "Road traffic Security Method" implements, the traffic accident damage compensate system basic principle occurs the change, divides into three.Second chapter, our country traffic accident damage compensate turns over to the responsibility principle the change, divides into three. Around mainly through implements to "Road traffic Security Method" turns over to the responsibility principle situation as well as the overseas traffic accident turns over to the responsibility situation to carry on the comparison, elaborated in detail "Road traffic Security Method" determined turns over to the responsibility principle, and is suitable differently in the different situation turns over to the responsibility principle.Third chapter, in our country road traffic accident vehicle third party risk insurance change. Divides into four. Through states indignantly to the liability insurance system, our country traffic accident liability insurance development situation, the overseas vehicle third party risk compulsory insurance development situation, as well as "Road traffic Security Method" determined our country vehicle compulsory insurance concrete content, insurance company's right with carries on the concrete elaboration voluntarily.Fourth chapter, our country road traffic accident rescues the expense to pay the way as well as the damage compensate procedure change, divides into two. Around the article mainly implements to "Road traffic Security Method", the injured medical expense pays the way the change and the traffic accident damage compensate procedure change carries on the analysis.Fifth chapter, our country road traffic accident damage compensate social rescue measure, divides into two. Mainly through to the overseas rescue fund system, as well as "Road traffic Security Method" to rescues the fund right and the voluntary specific stipulation carries on the analysis.Sixth chapter, in the processing traffic accident damage compensate question research, divides into four. Pointed out in the traffic accident damage compensate meets the question, carries on the analysis to the question origin.Fourth, the this article major point"Road traffic Security Method" is established the traffic accident compensation system, was opposite in the old compensation system has had the very big change, the model overseas advanced system, carried on the system innovation, established the correlation compensation the necessary system, It determined the traffic accident compensation system is legally, the science, has manifested "humanist" a spirit, has manifested the law fair and the fair values. Has realized the legislation final goal, has enlarged to the traffic accident victim's protection, has solved chronic disease which the former traffic accident damage compensate solves with difficulty. But because the necessary system insufficiently is also perfect, still had some problems in the actual utilization to need to solve.Fifth, needs to explain the questionAuthor because the professional reason and the ability limit, this paper proof angle are many the service which involves from the public security traffic control department to obtain, regarding from aspect and so on legislation angle, lawsuit angle, system standard angle comparatively little involves, the article also has the multitudinous legal matter to need further to discuss, the traffic accident society rescues the fund management pattern, the use in particular, supervises the system question, regarding our country transportation compensation system consummation is extremely important.The total number of this article word is about 40,000 words...