Determining Responsibility For Road Traffic Accidents And Compensation

Indispensable means of transport as a modern society, motor vehicles Wei Jing Ji high level of convenience, while life because of road traffic accidents caused also increased dramatically, resulting in a large number of personal injury and property damage, this problem has Yuelai Yue attention has been paid. How to make victims of quick, effective protection has the same interests as legislators and the public focus. The scope of this writing, mainly related to the above two issues, namely motor vehicle traffic accidents and vehicle damage liability recognized third party liability insurance. As road traffic accidents in China in the damages found on the distinction between motor vehicles and motor vehicles, motor vehicles and non-motor vehicles, pedestrians shall ask two different situations, and to take a different responsibility principle, "Road Traffic Safety Law" section 76 It is the motor of innovation and non-motor vehicles, pedestrians, the situation between, so this article to the first issue of the scope of the study mainly refers to non-motor vehicles and motor vehicles, pedestrians found between the damages. First, a brief road traffic accidents abroad on the principle of compensation attributable to the provisions of our country and then adopted a no-fault principle and the principle of fault offset (ie, the 76th article by the local legislative refinement of motor vehicle the subject of diminished responsibility), stressed weak due to the tilt of the premise of the interests of the measure, the last of several easy to confuse the "responsibility" to discriminate, and thus the transition to the second question, that is compulsory insurance. In the discussion of the issue, the author is from the compulsory third party liability insurance system evolution to proceed, first introduced the relevant national legislation and the characteristics of the system, then through the compulsory third party liability insurance and commercial third-party liability insurance Comparison summarized the main features of the system, and finally select the system of two specific issues, through the corresponding provision of foreign, summarize China's inspiration and reference.