Primary Study On Problems On Compensation For Damage For Motor Vehicles Accidents

Motor vehicle traffic accident damage compensate responsibility is an important field of Tort Law. Whether it correctly interpret and apply for the principle of motor vehicle traffic accident damage compensate responsibility, properly and timely relief to the victims, can reflect a country's standard of the rule of law, and relate to the life and physical safety during national people participating the roads traffic. This thesis flows around several major legal issues of motor vehicle traffic accident damage compensate responsibility to evaluate our principle of motor vehicle damage compensate responsibility and to make a few improving recommendations for the actual situation.Chapter I expatiates on the principle of the measures on the road traffic accident of attribution to introduce the dispute on the principle of attribution between measures and Article of General Principles of Civil Law by the theorists, as well as to decipher Article of Road Traffic Safety Law, I believe that the principle of attribution of our current motor vehicle damage compensate responsibility, can neither simply understand suitable for the application of all the fault responsibility principle nor simply interpret suitable for the application of all the no-fault or strict liability responsibility principle. The author believes that the Road Traffic Safety Law establishes the fault attribution between motor vehicles, and the no-fault attribution between driver and pedestrian of motor and non-motor vehicle, to conform to the world and historical development request and direction. It establishes a principle system of the principle of attribution for different attribution of different circumstances suitable for different responsibility. Such a provision is the most conducive to protect victims and at the same time can not allow perpetrators to bear a disproportionate liability. With regard to the insurance companies bear no-fault liability of the insured accident, the insurance companies should assume the liability in the limit range of the third party compulsory insurance of motor vehicle. In excess of the limits of liability, motor vehicle accidents between motor vehicles can apply the fault liability which should be charged by the fault party. For two fault sides, they should share the responsibility in accordance with the proportion of fault. For the traffic accidents between non-motor vehicles pedestrian and motor vehicle driver, the motor vehicles should bear the no-fault (strict) liability depending on the fault of the victim side to reduce or even remove the liability. Road Traffic Safety Law viewing form a higher point allocate the Road Traffic loss, and deal with the related accidents as per which, therefore the result is in line with the principles of fairness and justice of the law.Chapter II describes the main responsibility subject between the singular and plural responsibility. The author cited the theft driving situations, installment payment business, the unchanged ownership vehicle sale, unauthorized driving, rental and lending, the Construction Management, to repair or custody, during the pledge, linked case, free transportation of passengers, employee driving cases to identify the main responsibility subject. In determining the main responsibility subject between plural subjects, regarding non-motor vehicle drivers and pedestrians injury caused by motor vehicles accidents, I think the motor vehicles constitutes a common violation and should assume the joint liability. With regard to one side injury caused by motor vehicles accidents, I believe that the compensate responsibility should be determined in accordance with their own fault or the reasons causing the damage result. For the victims of traffic accidents, because of medical negligence of the hospital resulting in additional illness or death, I believe that the ultimate consequence of victims is not the direct combination of traffic violations and medical negligence, so two parties can not constitute infringement to bear the related responsibility and they should bear their own commitment liability according to the consequence.Chapter III is for the motor vehicle traffic accident damage compensation scope. The author elaborates on the provision of the specific scope for the compensation of personal injury, property damages, and moral damage, starting from the principle applied for determining the compensation scope. The author focuses on the balance principle of the fault and thinks that the balance of the fault is used for when the victims have the liabilities for the damage, to reduce the civil liability system of the perpetrators. Fault balance is a common adjustment principle of the damage compensation liability. If the victim is intentional, that is the self-harm, perpetrators can remove the responsibility, if the victim has faults (general negligence or great negligence) perpetrators shall not remove the responsibility, but can apply to the principle of fault balance principle, and the court should consider the proportion of fault of two parities to reduce the damages to the victim.Chapter IV, the author thinks the compulsory insurance liability is a kind of insurance obligation rather than no-fault liability through elaborating the natures of mandatory insurance liability. Insurer's litigation position should be the non-independent request right third person rather than co-defendant. At the same time, I believe that as per Article 75 of Road Traffic Safety Law , the social assistance fund management institutions should be the subject of litigation, because Article of Road Traffic Safety Law does not apply to the involved commercial three parties insurance, therefore in the insurance business the insurer should not become the main the subject of litigation. The author recommends that the compulsory insurance should strictly limit the coverage and should not include compensation for moral damage and indirect damage of property, but for the costs for identification, authentication, assessment and the dealing cost closely related to the traffic accident should be considered in the scope of insurance coverage. Law should try to expand the relief fund sources, and should suggest and specify the public security traffic management department or their designated institutions to manage the fund, should grant the corresponding right of appeal for aid request in order to establish a perfect vehicle road traffic injury compensation system and to protect the interests of the victims reasonably and appropriately.