Research On Compensation System Of Motor Vehicle Traffic Accident In China

With the economic growth and the technology improvement in our country, which stimulates the increasing number of vehicles in our community, the amount of traffic accidents shows a growing trend in recent years, resulting in the increase of the cases on the indemnification of such traffic accidents. As long as the damages are existing, there should be corresponding indemnification system to relieve the injured of the loss caused by the accident, which is formed in such premises. The traffic accident compensation system shows some particularities compared with other compensation systems in subjects of the accident, subjects to compensate, the order to compensate, the doctrine of liability fixation, the form of liability, and the case itself. The system of disability compensation and death compensation are the two important systems in traffic accident compensation system because of the high amount of compensation and the particularity of the system, the problems, negative effects of which have become much more serious with the increase of the amount of the cases on the indemnification of the traffic accidents. This essay will indicate the following five aspects:the compensation system of vehicle traffic accidents in China, theoretical questions on the system of disability compensation and death compensation, problems and origins of the system of disability compensation and death compensation in China, analysis on the related articles in the Tort Liability Law of our country, and suggestions on solutions of the problems of the system of disability compensation and death compensation, which will be based on practice. Both national and international instances of legislation and theories on the disability compensation and death compensation will be in the consideration, and suggestions on promoting the system will be given.The thesis will be divided into five chapters.Chapter1will outline the compensation system of vehicle traffic accidents in China. Firstly we will look back on the legislation history, and illustrate the process of forming the compensation system of vehicle traffic accidents in China. After that, the particularity of subjects of the accident, subjects to compensate, the order to compensate, the doctrine of liability fixation, the form of liability and the case of the system will be concluded on the basis of the law and the judicial practice. Then, the developing process of the system of the disability compensation and death compensation will be elaborated after illustration of the range of the compensation of the vehicle accidents.Chapter2will use the method of comparative analysis to analyze the theories of disability compensation and death compensation in theoretical level, clarify the characteristic of the disability compensation and death compensation in China, solve the dispute on the death compensation system, and elaborate the difference between the disability compensation and the death compensation. The disability compensation and death compensation will be analyzed on the basis of the enumeration of the legislation instance in UK, US, Japan, German and Taiwan, China.Chapter3will show the problems of the system of disability compensation and death compensation by elaborating the disunity of the instance of legislation and the judicial interpretation, the problems in judicial practice and the negative effects it has in the administration of justice. Then the origins of the foresaid problems will be analyzed from the aspects of regulations and the household registration system.Chapter4will analyze the content of Article16and the application of Article17and the regulation of Chapter6of the Tort Liability Law, and indicate the drawbacks of the foresaid articles in resolving problems of the system of disability compensation and death compensation in the cases of the vehicle accident in China.Chapter5will set the characteristic of the disability compensation and the death compensation as a basis, and then give suggestions on how to set a proper and fair standard and age limit of calculation of the disability compensation and death compensation, which is suitable for the judicial practice in China, by introduce the enumeration of the legislation instance in foreign countries and Taiwan, China which is met with our country’s reality.