Compensation For Compensation For Motor Vehicle Traffic Accident

Today’s society, people’s living standards continue to improve, the city urban construction rapid development, motor vehicles have been made by a minority of households luxury goods into the country. With the absolute increase of vehicle ownership, such as road killer nouns are often found in the press, motor vehicle traffic accident dispute has become influence social peace and stable and harmonious development of one of the outstanding problems. Into the 21st century, motor vehicle traffic accident has become the number one killer of endanger people’s lives and property security, everyone could become victims of motor vehicle traffic accident. In shock of motor vehicle traffic accident at the same time, the increasing of motor vehicle traffic accident liability disputes also makes the author realize that abide by road traffic laws and regulations, who, by example reduce motor vehicle traffic accident, is every citizen’s unavoidable social responsibility. On February 18,2011, issued by the supreme people’s court on the modify the decision of the tariff regulation civil cases "notice, decided to increase under" thirty, tort liability disputes "" 350", motor vehicle traffic accident liability disputes. Thus, motor vehicle traffic accident liability disputes can be unified appellation, and with the augmentation of the people’s consciousness, an increasing trend in such cases.As a basic people’s court civil trial judge, the author tried a lot of motor vehicle traffic accident liability disputes. However, in our country, motor vehicle traffic accident liability to pay compensation in the dispute to aspects of the laws and regulations are not perfect, cause could not be in accordance with the situation often appears in the judicial practice, the same case by the different parts of the people’s court, the civil judgment often is not unified, and greatly influenced by the presiding judge of subjective factors. Copied from years of work in a civil trial a line of the judicial practice experience, the author in motor vehicle traffic accident for the origin, around the principle of liability for compensation in motor vehicle traffic accident dispute, the body of the bear, bear, such as the scope of the real case of the referee, the author analyzed to investigate the current motor vehicle traffic accident dispute liability to pay compensation for the lack of laws and regulations, and puts forward some operable and feasibility Suggestions, in order to motor vehicle traffic accident compensation liability legislation in the field of help, maximum equity "individual freedom" and "social security". Trial practice, the traffic accident differentiates, check after the termination of the compensation liability problem, motor vehicle depreciation loss problem such as whether to belong to the scope of the compensation liability, due to China’s relevant laws and regulations did not make that clear, often standard not unified in the judicial application. Therefore, to define the meaning of motor vehicle traffic accident, analysis of motor vehicle traffic accident dispute compensation liability principle, scope, etc., will not only help to maintain unity and integrity of the civil law system in China, also help maintain economic and social harmony and stability.