Using Of The Principle Of Fault Offsetin Traffic Accident Compensation

The principle of fault offset is an important principle in modern tort law. Road traffic accidents, as a special violations, fully balance the interests of the parties of the accidents in the country's legislation. The principle of fault offset has been practiced at varying degrees. But from the implementation of 2002 and more practice of"Road traffic Safety Law", a series of new problems and new situations have emerged, particularly the dispute hold by patrol accident department about different understandings of the 76th item in the Safety Law. When an accident occurs among non-motor vehicles and motor vehicle and pedestrians, the law clearly states that no-fault liability principle should be implemented in the scope of the compulsory liability insurance, but as to the part that exceed the principle of fault offset should be used according to the fault of the victim . People's congresses in Jiangsu province has further refined the Safety Law according to the actual development of "Jiangsu Province road safety regulations". The 52nd item of the "Regulations" states the different proportion of fault offset principle should be practiced according to the different fault of the non-car drivers and pedestrians. But after research, I found that the stipulation in the principle about right of non-car drivers, pedestrians also bear the responsibility to reduce motor vehicle drivers'part liability, and this clearly contradicts with the second part: " when violators cause damage on purpose or by gross negligence, the victim only bears ordinary negligence, not reduce the compensation obligation liability "in the"A number of issues'explanation about applicable laws in the physical damages case by Supreme People's Court " . Therefore, I would like to initiate theoretical discussion from this point, and pay attention to the study on the theoretical basis of fault offsetting ,the comparative analysis of fault offsetting system at home and abroad, the applicable scope of fault offsetting and the methods of the fault offsetting, in order to provide theatrical reference for the Patrol Police substantive departments .