Analysis And Judicial Research On The Liability System Of Damage Compensation Resulting From Vehicle Accidents

The system of the liability of compensation for damages caused by vehicles in traffic accidents, a basic way to solve traffic accidents, has always been paid great attention to by all nations, and thus becomes an important part of the infringement law. In the era of automobile, traffic accidents has become a major threat to the sustained development of national economy as well as the harmony and stability of the society. Due to the complication of the causes of traffic accidents, there have always been disagreements upon many concerned issues such as the principle of liability bearing or who is to bear the liability. It is extremely important to solve this difficult problem of global significance properly. Because of many reasons, the system of the liability of compensation for damages caused by vehicles in traffic accidents has not been fully set up in our country. Additionally, the concerned regulations and statutes are inadequate. Therefore, there have been conflicts for a long time in the academic field with regards to the principle of liability bearing, who is to bear the liability, or the division of liability, etc. Apart from that, there are lots of practical issues to be solved. The Road Traffic Safety Law, which is likened to a medicine for regulating the traffic accidents as a legal method and for the concerned infringement liability system, aroused attentions from all walks of life as well as violent arguments when it was issued. Thus, I wrote this essay, with a view to concluding systematically the quality, the historical origin, the principle of liability bearing and compositions etc. of the liability of compensation for damages caused by vehicles in traffic accidents, as well as to analyzing and discussing problems we often have in practice, such as the liability bearer and the proportion in liability bearing.Starting with the analysis of the quality and characteristics of the liability of compensation for damages caused by vehicles in traffic accidents, the thesis focuses on the principle of liability bearing and the composition of the liability. Regarding the doctrine of liability fixation, it seems to be a trend in foreign legislations that the principle of liability for wrongs is evolving into principle of presumptive and of liability without fault. By comparison, the principle of liability without fault is undoubtedly the best remedy for damage compensation in traffic accidents caused by motor vehicles, and is considered most beneficial for the victims. A rather devious process of understanding this problem leads to the dualistic solution: Liability for wrongs applied for accidents between motor vehicles while liability without faults applied for accidents between motor vehicles and non-motor ones or those between motor vehicles and pedestrians, which can be deemed to an overall reflection of system borrowing and social reality. The constitutive requirements of damage compensation liability in traffic accidents, in general, consists of four factors: motor vehicle being the infringing party, actual traffic accidents taking place, there being damages to the victims and causal relationship between the accident and damage. In addition, based on investigations of the history, it traces the origin and development of the liability of compensation for damages caused by vehicles. It also includes the writer's personal opinion towards the disadvantages in the liability system and his proposal for improvement, after the comparison and analysis between the present system of our country and that of Germany, Japan, Britain, America and Taiwan region, the essay points out several problems existing under the current system of damage compensation liability in traffic accidents caused by motor vehicle in mainland China. The adoption of dualistic liability fixation system is subject to more discussion. The equivocal liability bearer and liability fixation, too simple designed system, lack of corresponding by-systems and the current regulations, to some extent, conflict with the social reality.Besides, from a viewpoint of a judicatory practice, the thesis, using the method combining theory and practice, makes an analysis and hackle of issues which need to be solved in practice concerning the liability of compensation for damages caused by vehicles in traffic accidents, such as the liability bearer and the liability bearing. As to the issue of liability bearer, the thesis concludes how to decide the liability bearer in terms of leasing, borrowing and divided payments cases, which are very common in judicatory practice. As to the controversial issue of how to reduce the liability drivers are to be taken according to the article 76 of the Road Traffic Safety Law, the writer, by analyzing the obligation of attention of all parties in the traffic, puts forward his opinion that the share of liability should be decided by balancing out the defects according to how far a party violates its obligation of attention.