The Comparative Research About Compensation Liability For Damage In Traffic Accident Between China And Korea

The compensation liability for damage in traffic accident is an important part of Tort Liability Law. Implementation of《Law on road traffic safety in People's Republic of China》and《Tort Liability Law》have promoting effect to legislation research of Chinese compensation liability for damage in traffic accident. But the research of compensation liability for damage in traffic accident started too late and many problems have been unsolved. This thesis attempts to draw on the advanced experiences from South Korea to improve problems of compensation liability for damage in traffic accident by comparing between China and South Korea.The compensation liability for damage in traffic accident means unfavourable consequence or duty by law when traffic accident parties bring the personal injury and property damage to victim by fault or accident. It is a liability of human body and property between equal subjects.Throughout the laws and research of the compensation liability for damage in traffic accident,the compensation liability for damage in traffic accident applying to presumed-default liability in China. Constituent elements of the compensation liability for damage in traffic accident include damage fact, causal relationship, motor vehicle operation and subjective fault. About the subject of liabilities, law defined "the motor vehicle". But such a expression has no relevant meaning, and it brings problems to confirm subject of liabilities, when motor vehicle's ownership and use right change frequently. About property "others" of the compensation liability for damage in traffic accident, there are no theory and conception, and exclusive all the people in the motor vehicle from the range of "others". It results the scope of victims who need to protected too small. About the range of damages compensation includes personal injury and property damage. The law has been taken overall regulation to personal injury. But in mental compensation, there is no universal standard, and have different opinions in the theory. In 1963, South Korea has been establish the special ((motor vehicle damage compensation Guarantee Law》, and experienced corrections 20times. The compensation liability for damage in traffic accident applying to principle of no-fault liability in South Korea. Adopt operation control and operation benefit for judgment standard of responsible subject, and stipulate for subject of liabilities by "The person of operation ". About the property "others" of the compensation liability for damage in traffic accident, common operation, close relatives and good will pick-up have been included in "others" to protect. The range of damages compensation includes positive damage, negative damage and spiritual solatium. When figure out the spiritual solatium, they adopt standardized and adjust the spiritual solatium each 3-4years.Comparison research about compensation liability for damage in traffic accident between China and South Korea, we can get they applying to different liability principles.The subject of liabilities have been regulated more exactly in South Korea. And advanced in property "others" and range of compensation too.To legislate and perfect the Chinese compensation liability for damage in traffic, China must to draw on the experience of Korea. Stipulate for subject of liabilities by "The person of operation ". Absorb the theory of property "others", and enlarge the range of victim. At the range of damages compensation, establish universal standard of spiritual solatium.