Study On Zhe Rules Of Compensation Ipso Iure In Road Traffic Accident

The fault offset is a system by which the court can mitigate or remove the liability of perpetrators in terms of some standards and share the damage fairly and reasonably, when the damage happen and expand with the victim also has the fault. If the victim is of great fault in no-fault liability or strict liability or the perpetrators do not have a minor fault by negligence, which is also applicable to fault offset. under the premise that The fault offset can be used in the special no-fault liability in tort, taking into account the no-fault liability of the Department of the Legislative Council that carried out for the purpose of distribution of justice for protecting the interests of the victim, so the application should be limited in order to avoid the protection of victims with the purpose of benefits and the law conflict. Fault offset requires the capacity of the victim who has a fault offset, that is, the capacity of duty. The nature of the fault offset is not the Elements of establishment of tort liability, but the means of deciding the amounts of damages. It follows the principle of fairness and propriety. This article studies the fault offset in traffic problems.Since the "Road Traffic Safety Law" carried out in Our country, these questions ,such as when there are traffic accident between motor vehicles and non-motor vehicle drivers, whether principle of fault offset is still working on or not and of how to apply. These subjects attach people's attention. To further illustrate the necessities, standards and limiting restrictions and so on, this article discusses the questions of the application of the principle of the fault offset and the provisions of the fault offset, which applies to motor vehicle accident damages by introducing basic background and countries around the world on duty motor vehicle accident damages.