On The System Of The Compensation For Personal Damages In The Traffic Accident On The Road

With the steady increase of the number of the mobile vehicle in China, the occurrence of car accident goes up rapidly, to which cause the public to pay special attention . After the Law of the People's Republic of China on Road Traffic Safety took effect, the justice of the new law has become the hot topic in the society . The major research direction of this article is principle of liability attribution and liable subject of road traffic accident. The article's purpose is to reveal the major feature of principle of liability attribution and liable subject of road traffic accident with the method of the science of civil law, and to establish the basis for the construction of the tort law system of road traffic accident. This article mainly elaborates on principle of liability attribution and liable subject of road traffic accident and is thus divided into 5 chapters.Chapter 1 is divided into 3 parts. Part 1 mainly discusses some definitions which are related to the system of compensation for personal damages of traffic accident on road, such as "what is road traffic accident ?" , "what does vehicle refer to ? Part 2 is about the history of the system of compensation for personal damages of traffic accident on road .the last part mainly deals with the development of the system of compensation for personal damages of traffic accident on road in China.Chapter 2 is divided into 3 parts. Part 1 elaborates strict liability which is applied in most countries around the world and analyzes the reason that it is so popular. Part 2 introduces principle of liability attribution of road traffic accident in china and analyzes the reason why it has shifted from. fault liability to strict liability. Part 3 is about some suggestion on bettering the principle of liability attribution of road traffic accident in China.Chapter3 is also divided into 3 parts. Part 1 Third chapter analyzes the character of liable subject of road traffic accident .Part 2 deals about the standard of liable subject. Part 3 analyze several types of parties of road traffic accident (such as the one who drives the stolen vehicle or who drives without permission, from the owner of vehicle, debtor of vehicle, the buyer and seller of vehicle in installment, parties in the period of vehicle repairing, washing or maintaining, lender of vehicle, passenger as well as employer of driver.Chapter 4 is also divided into 3 parts. This chapter elaborates the scope and standard of compensation for personal damages based on the analysis the difference between the Law of the People's Republic of China on Road Traffic Safety and Handling Method for the Road Traffic Accident.Chapter 5 is mainly about some advice which is put forward by the author in order to perfect the system of compensation for personal damages the traffic accident.