Research On The Pre - Payment Of Infringement In Motor Vehicle Traffic Accident

Motor vehicle traffic accident is difficult to avoid, after the accident, often in the face of the infringer prepaid related issues, in the existing legislation background,involving the infringer prepaid issues related to how to solve, is a big dilemma faced by the current judicial practice. This article wants through to our country judicial practice the infringer of recourse against the advance payment of the typical case analysis, and combined with the analysis of the legal nature of the infringer prepaid system, trying to within the current legal framework, find a reasonable way to solve the problems facing traffic accident damage compensation liability disputes, make the infringer and the protection of the victim’s interests are balanced, and prevent similar disputes, in order to maintain a harmonious traffic order and social order, in order to make through the writing of this thesis the infringer’s better solution of the problems in advance.Besides the introduction and conclusion, this article is divided into four most.According to ask questions, analyze and solve problems in full of ideas for thesis writing.The first part of this article is put forward, namely the four cases in judicial practice through recovery after the advance payment in advance to illustrate the infringer encountered difficulties, and to such infringer prepaid problems are involved in the case analysis, in order to achieve the effect of the questions.The second part of this article emphatically discusses the infringer in motor vehicle traffic accident related issues in advance. First discusses the theory related to advance, and then to the infringer of typical cases in advance further theory, this paper discusses the problems, that is, the component of prepaid limit theory, the judicial referee, counterclaims in advance the advance issues, for after discussed specific advance the perfection of the path.In this paper, the third part mainly discusses the advance direction for the development of the problem, this paper puts forward the system of insurance without further insurance system reform, in particular, the infringer prepaid system will continue to play its role, we should further improve the system of the infringer prepaid,to the infringer’s more formal management in advance. Give full play to the role of traffic administration in the administrative process, the judicial organs shall activelyactivist, balanced the interests of all parties. The infringer and the victim’s legitimate interests should be fully protected by the law, but it can’t through the unreasonable means to maintain their own rights and interests.In this paper, the fourth part is the summary about the infringer to advance the study of the problems of the enlightenment.