On The Puzzle Dom And Way Out Of The Article76 Of The Road Traffic Safety Law In Practices

The Road Traffic Safety Law followed the law-making principles of "human first, safety centered, protection the Weak Colony", in order to realize the principles, the Article76 set three systems of damages compensation for the traffic accident: Firstly, the compulsory insurance system which demands the insurance company compensate in sum in the scope of the third party of the mobile vehicles liability of the compulsory insurance; Secondly, the principle of fault liability for the accidents among the mobile vehicles; Thirdly, the mobile vehicles party undertakes faultless liability when the accident occurs between the mobile vehicles and the drivers of non-mobile vehicles, the foot passengers, and there is exemption terms in the meantime. This text analysis the gains and losses of the three systems of damages compensation for the traffic accident in practices in practices, and fond the following defects: Firstly, in the compulsory insurance system of traffic accidents, the way of full compensation is unscientific, because it neither helps to guaranteeing the safety of the drivers of non-mobile vehicles and the foot passengers, nor it benefits in the damages compensation for the drivers of non-mobile vehicles and the foot passengers; Secondly, the third party of the mobile vehicles liability of the compulsory insurance does not include the drivers of mobile vehicles and the passengers, it has disadvantages in the guarantee of the drivers' and passengers' rights of the person; Thirdly, the sole fault liability principle which applied in the accidents among the mobile vehicles has disadvantages in the guarantee of damages compensation for the motorcycle drivers; Fourthly, exemption terms for the mobile vehicles party in the circumstances of accident occurring between the mobile vehicles and the drivers of non-mobile vehicles, the foot passengers, have disadvantages in the damages compensation for the drivers of non-mobile vehicles, the foot passengers. Seeing from the requirements of practices of damages compensation for the traffic accident, and the present situation of China, we should rebuild the systems as follows: Firstly, it should be prescribed that the insurance company and the mobile vehicles party undertakes the compensate liability pro rata in the scope of compulsory insurance limitation; Secondly, it should be prescribed that implementing the principle of fault liability for the accidents among the mobile vehicles, but the pre-eminent mobile vehicles party should undertakes the faultless liability when the accident occurs between the motorcycles and other pre-eminent mobile vehicles, in the meantime, prescribing reasonable terms for exemption; Thirdly, when traffic accident occurs between the mobile vehicles and the drivers of non-mobile vehicles, the foot passengers, taking insuring the medical treatment fees for the injured as a premise, if it did not lead to deformity, the treatment fees should be undertaken by the mobile vehicles party, and the other fees should be undertaken under the principle of fault liability.