The Reseach On The Damages Of Road Traffic Accidents

Because the automobile has a lot of superiority such as high speed, convenience, it has been more and more widely used, but with the transportation enterprise's rapid expandition and vehicle quantity's swift increase, the traffic accidents also massively occurs, the traffic safety becomes matters of concern of the whole society. In order to further regulate traffic order, to prevent and reduce traffic accidents, to safeguard traffic accident victim's benefit, our country also have promulgated "Road traffic Act of Security", "Mechanical transport Accident risk Compulsory insurance Rule" as well as a series of judicial interpretation, but there still exists a lot of disputes about imputation principle of the mechanical transport accident, the liability main body definite as well as Insurance company's questions and so on liability of compensation, and regarding the victim in the traffic accidents, there is not a special damage compensations law of traffic accidents, it is not stipulated how to realize victim's compensation in the law, and there is not the explicit stipulation about the compensation scope and the standard. Therefore, the paper wants to unify the existing laws and regulations, study and explore some problems on damage compensations related to traffic accidents.The paper is divided into six parts, the first part embarks from traffic accident's concept and the present situation, introduced the road traffic accident damage compensate responsibility's characteristic in detail, and defined the traffic accident damage compensate responsibility accurately. The second part comprehensively elaborate the imputation principles and the constitution important document of the traffic accident damage compensate responsibility in detail, simultaneously explain its special constitution important document. The third part has discussed responsibility main body of the traffic accident, as well as the standard on the responsibility main body recognization, thus it can provide a the legal principle theory of law basis for the judicial practice to determine the responsibility main body .The fourth part elaborated the special defence matters of the specific violations comprehensively, as well as unique defence matters of the road traffic accidents. The fifth part has conducted the thorough research to the scope and standard of the road traffic accident damage compensation, at the same time the paper proposed that the spirit damage compensation should be introduced in the the road traffic accident damage compensation . The sixth part introduced the nature and the function of the mechanical transport accident risk compulsory insurance. The mechanical transport accident risk compulsory insurance not only help the victim obtain the prompt effective relief, but also reduces the compensation pressure of a vehicle side, thus is advantageous to the promotion on traffic safety.