Study On Compensation For Road Traffic Accident

With the continuous development of China’s market economy and prosperity of society, large numbers of vehicles cause road traffic accident damages arising and the road traffic accident compensation has become an important legal topic. At present, there have been many problems to be solved, such as, how to define "road", whether it is in contact in accidents, whether the vehicle causing accident is in motion, whether a pet can become elements of a traffic accident, Traffic Accident Compensation Principle is dualistic theory or pluralistic theory, how to identify compensation main body when people drive other person’s car, how to determine outage losses standards in loss of property on the range of compensation, whether the compensation for people in the urban and rural loss should be unified, how to determine criteria to the mental anguish, whether the payment of Compulsory Insurance should be itemized, how to identify standards of payout to Compulsory Insurance when no responsibility and the application of law when no Compulsory Insurance. This paper proposed specific issues related to current road traffic injury compensation, analyzed the above problems and put forward author’s views and suggestions to improve based on the theory of law. The author think that "the road" should be defined where the vehicle can be accepted, a stationary "vehicle" could also cause a traffic accident,"pet" should become property in elements of a traffic accident, Traffic Accident Compensation Principle should be pluralistic theory, employers, insurance companies can be identified as the main alternative body of liability, the driver who drive other person’s car without permission should be responsible for the compensation, outage losses standards should refer the market price in the scene, traffic accidents should form a unified death, disability standards regardless of Urban and rural populations, For moral damages, the province or municipality should develop uniform standards as a unit for compensation and to modify the relevant law about the payout of Compulsory Insurance. This paper attempts to study how to identify and solve the problem of road traffic accident damages in practice combining theory and practice. I hope it is beneficial for resolving the present issues related to road traffic accident damages.