Discussion On Several Questions Of Compensation For Damage In Road Traffic Accidents

The frequency of road traffic accidents is a direct result of the increase related to civil cases. With the social relations, the diversification of economic relations, traffic accidents appear to be particularly complex, processing and increasing the difficulty of treatment and trial. May 1st, 2004, People's Republic of China put "Road Traffic Safety Law" into effect. This was the first time since the founding of China's legal form to be legislation on road traffic safety norms, at the same time the Supreme People's Court also issued the "Regulations on personal injury compensation cases the law applicable to the interpretation of a number of issues. "The promulgation and implementation of these laws and interpretations changed the road traffic accident damage compensate which original "Road traffic accident processing means" determined to turn over to the responsibility principle, established one newly to turn over to the responsibility principle system. On July 1st, 2006, got up executes "Mechanical transport accident responsibility compulsory insurance rule" to make to the mechanical transport accident responsibility compulsory insurance has been clear about the specific stipulation, has established our country' mechanical transport accident damage compensate liability insurance system from in the legal regime stratification plane. Above legal, laws and regulations execution, has brought in inevitably the theory and the practice many new situations and the new question, also enabled the road traffic accident damage compensate case processing compared with formerly to have the tremendous change. Therefore, studies the road traffic accident damage compensate in this situation the related question to appear especially essential. Not only the related question research can solve theoretically the dispute, moreover can to place on trial practices the correct guidance function. Thus, enable in the accident victim's legitimate rights and interests to obtain the practical powerful protection, also causes legal the value and the ultimate goal can full manifesting. This article divides into three parts, and separately turns over to the accident took place in Lanzhou with as example, describing the case, the case after hearing and the results of the referee. The second part is the focus of controversy from the case raises the need to explore the issue, combined with the case were the responsibility of the accident found that the principle of liability for damages, the fault offset in the accident were of use, while the results of the case has a direct the relationship between a procedure carried out correlation analysis. The third part presents the author to improve relevant legislation and judicial practice solution to the problem.