Comments On Compensation For The Damage Of Traffic Accident And The Remedy Law System

The key theme of this thesis is to research the compensation for the damage of traffic accident and the remedy law system.With the rapid development of the economy and the increase demand of automobiles, China is entering to an era of tremendous traffic accidents which attract the attention of society seriously. A right and reasonable choice of indemnity liability principle can realize social justice, secure victims as well as reduce social conflict. Act of Traffic Security of the People's Republic of China, which adopted on May 1st 2004, stipulates indemnity liability principle to Regulation of Handle of Traffic, and implements compulsory insurance definitely as well as establishes road traffic social salvation funds. which implemented in 2006 has make a more specific stipulation on insure, compensation, supervise and management of compulsory insurance of triffic accident responsibility. But these are only some principled legal rules, there still exist some questions disputed, and some specific rules are not established. So this study focus on the theoretical discussion on the questions exist in the field of chinese traffic accident, integrate the status quo of the legislation situation of china and overseas and advance some own opinion.This study mainly focus on the questions in legislation of traffic accident compensation as followed: the subject and range of compensation, offset of fault and guaranty system of traffic accident compensation, compulsory insurance policy of motor vehicl and social relief fund policy. Concretely, the main body of this thesis contains five parts:Part I Research on the subject of liability of traffic accident compensation. By comparison and analysis of the subject of traffic accident compensation in Germany, Japan and France and check on the reality in China, the author proposes adoption of the concept of saver to end the chaos. Currently, to comfirm the liability attribution of traffic accident damage compensation, our country's law and judicial interpretation mainly based on the operational control and benefit of motor vehiclePart II Research on range of liability of traffic accident compensation. By introduction and analysis both domestic and abroad the thesis discusses the compensability of moral remedy in traffic accident compensation. The author insists the principle of packaged compensation that is to say the remedy should include moral compensation of victims. On the range of traffic accidents compensation in our country, the range of victim's compensation should contains belongings damage and personal damage, the belongings damage contains property damage and expected benefit damage, the compensation of personal damage contains besides general property damage, but also include mental damage. We should pay attention to two points when comfirm a mental damage: one, we should comfirm the serious degree of damage according to the forensic medicine and the psychiatry principle, and divide into several parts in order to make law-officer in charge of the case more conveniently. The other one is to affirm the conciliation function of mental damage compensation, under the conditions of strict responsibility, the mental damage compensation per se also need a limitation.Part III Research on the contributory negligence of traffic accident compensation. By introduction and analysis both domestic and abroad, the thesis considers the feasibility of application of contributory negligence in traffic accident compensation. After affirm the principle of contributory negligence, we could abate or release the inflicter's compensation responsibility based on victim's fault degree. From the relevant statute of our country's law, contributory negligence also suitable to the legal system of damage compensation of traffic accident, but some principled stipulation still very general, lack of specific content and need to state more on detail. The author consider that when using contributory negligence in the traffic accident damage compensation field, there must be persist on superior danger and rule of superior right of way and make partition of victims, establish the ratio form of contributory negligence so as to the contributory negligence regulation become more scientific and normative.Part IV Research on guaranty system of liability of traffic accident compensation. The author give a definition about the compulsory insurance of motor vehicle firstly, then introduce the application status quo of the compulsory insurance of motor vehicle. Combined with the cases used by abroad, the author point out the problems existed in the legal systems about compulsory insurance of motor vehicle, such as lack of the regulation on victim direct compensation request; victim coundn't ask for compensation to insurance company directly; the compensation scope is too limited; without think about the motor vehicle owner's damage; authorize main body of concern make relevant implement detailed rules and higher-level law violate lower-level Law etc. To the question, the author advanced some specific advises: firstly, identify the scope of policy-holder is needed, for the compensation schedule, compensation amount and the path of disputed solution, need to give more specific regulation, enlarge the protect object of traffic accident compulsory insurance, divide responsibility limitation and insurance premium ratio into difference level so as to let policy-holder can choose it freely, furthermore, cancel the items which don't accord with and .Part V research on the social relief fund policy of traffic accident damage compensation. Compulsory insurance of motor vehicle provide powerful basic guaranty to the victim of traffic accident, but under the Circumstance as below: the driver escape and can't find out trouble vehicle, insur car or the insurant of trouble vehicle lack of compensation ability, the victim still can't get protect from the insurance. In order to make up the insufficiency of the compulsory insurance of motor vehicle, various countries have found up social relief fund policy. For our country, though we have prescribed set up social relief fund in and , but because there still didn't establish specific methods, this policy can't be used effectly indeed. Under the circumstance, the author suggest that set up the application method of social relief fund of traffic accident, so as to the benefical policy can work well and protect victim's behalf indeed.