Research On The Compensation For Traffic Accident Damages Of Automobile Vehicles

Traffic accident damages of motor vehicles is an important issue of tort law. Article seventy-sixth of the newly-revised Traffic Safety Code is another attempt to perfect our country's system for the compensatory damages of traffic accidents in legislation. Whereas Article adjusted the compensatory damages rules for traffic accidents between automotive vehicles and none-automotive vehicle drivers or pedestrians, its rules for traffic accidents between automotives remains the same with the Article seventy-sixty of old Traffic Safety Code. As a result, this paper only analyses matters related to the compensatory damage rules for traffic accidents between automotive vehicles and none-automotive vehicle drivers or pedestrians, and remains silent at the compensatory damage rules for traffic accidents between automotives. The paper is composed of 5 parts with nearly 25,000 words in total.The first part analyses the doctrines of liability fixation of traffic accidents of automobile vehicles. In the first place, this part introduces the liability fixation doctrines of traffic accidents of automobile vehicles in German, Japan, France, New Zealand, Britain and the United States, and concludes that the withdraw of the fault liability out of the compensation for damages for traffic accidents of vehicles has become a trend. Then this part briefly introduces the legislation history of our country's liability fixation doctrines of traffic accidents of automobile vehicles, and mainly analyses the liability fixation doctrines of the Article seventy-sixth of the new Traffic Safety Code and comes to a conclusion that the Article seventy-sixth of the new Traffic Safety Code has adopted a dualism of and none-fault liability.The second part is on the confirmation of the person liable in traffic accident damages. This part assumes that the confirmation of the person liable in the traffic accident damages of automobile vehicles should be based on two principles: interests of operating and control of operating. This part also makes a concrete analysis on how to confirm the person liable in traffic accidents in 11 different situations such as driving one's owner automobile vehicles, driving the stolen vehicles.The third part deals with the counterbalance of negligence and grounds of exemption in traffic accident damages of automobile vehicles. The part deems that the counterbalance of negligence has nothing to do with the liability fixation and also can be applied in the area of traffic tort. This part also concludes that the expiration of the limitation of action will lead to exemption of the person liable in the traffic accidents of automobile vehicles.The forth part discusses the scopes of compensation in traffic accident damages of automobiles. This part presumes that direct poverty losses should be fully compensated, and that those indirect poverty losses which will definitely come into the victim's possessions should also be covered, and that the damages of personal injuries should be covered according to the judicial interpretation of the People's Supreme Court on the damages of personal injuries and mental compensation.The fifth part discusses suggestions in detail on the perfection of system for the compensatory damages of traffic accidents in our country. This part suggests that the future law of torts should succeed the doctrines of liability fixation of traffic accidents of automobile vehicles of the new Traffic Safety Code, and that a additional article should be made to confirm the person liable in the traffic accidents of automobile vehicles.