Motor Vehicle Traffic Accident Personal Injury Compensation Socialization Relief Mechanis

With the fast development of economy and motor vehicle industry, motor vehicles have turned the place from luxuries into ordinary consumer goods of common families. Motor vehicles not only bring conveniences and enjoyment but also the suffering of bodily injuries and property damages when motor vehicle accidents take place. Very constant motor vehicle accidents have not only made people feel stressed and afraid but also do harm to the safety of our society as a whole and the public benefit. Motor vehicle accidents have been becoming more and more serious social problems.Traditional tort liability system attempts to adjust principles of assuming liabilities, improve tort compensation standard and expand applicable scope of tort compensation to protect the benefit of motor vehicle accident victims. It works out in victims’ remedies in some degree but traditional tort liability system is limited because of victims and tortfeasors which, as a pursuing tortfeasors’ individual liability system, is almost certain to be limited to the imperfection of tort liability system itself. For example, victims cannot find tortfeasors due to escaping or there is no tortfeasor or tortfeasors cannot afford a huge sum of traffic accident compensation, all of which make motor vehicle traffic accident victims find no way to get compensation and the damage of social order traffic accidents cause hardly to regain. Provided that after traffic accidents victims cannot acquire timely, effective and full compensation, or other remedies through other socialized remedy ways, it not only does harm to social fairness and justice but causes huge potential dangers to social stability as well. Therefore, actively exploring remedy ways of motor vehicle traffic accident damage compensation as well as constituting a set of various motor vehicle traffic victim remedy system connected with one another, which is based on tort compensation, in which motor vehicle liability compulsory insurance, social assistance fund and judicial assistance develop simultaneously, is a very urgent legal problem which cannot be delayed solving.This article analyses Chinese recent problems of socialized remedy system of motor vehicle traffic accident bodily injury compensation through studying and analyzing domestic and foreign related legal systems and rules and academic workings(such as the unreasonableness of the design of liability limitation of motor vehicle third party liability compulsory insurance, very general scope of insurance compensation, very low standard of insurance damage compensation, the unreasonableness of liability coverage, narrowness, limited source, incorrect function orientation, regional differences of assistance scope of road traffic accident assistance fund, social security excluding traffic accident victims from medical security, very few ways of solving traffic accident disputes, complex litigation procedures), and combines my own practical experience of tackling cases of motor vehicle traffic accident liability disputes, and gives suggestions of consummating Chinese motor vehicle traffic accident bodily injury compensation socialized remedy system. Hopefully this article may, through my own studying, do some good in constituting Chinese motor vehicle traffic accident bodily injury compensation socialized remedy system according to our country’s own features which is based on tort compensation, in which motor vehicle liability compulsory insurance, social assistance fund and other social remedy systems coordinate and cooperate with one another.