Traffic Accident Liability For Damage To A Number Of Issues

On the ground of the research on "the dualistic theory", the author of the thesis makes an overall analysis and evaluation on the general principles in the liability subject in automobile traffic accident compensation damages. Next, it analyzes the responsible part under several circumstances on the basis of "the dualistic theory".Improvements can be seen in the ordinances concerning the compensating scope and standard in Traffic Accident Compensation Damages at present, however, there are inevitably some drawbacks. In this thesis, the author reviews on this issue and puts forwards her own suggestions for improvement. In order to achieve the impartiality and timing compensation in compensation damages issue and to ensuring the benefits of the injured, the thesis proposes that automobile liability insurance should be incorporated into the compensation damages sum as a compulsory insurance, reasonably dispersing the damages risk enabling the injured to be fully compensated.Meanwhile, the author mentions that comparative negligence rule should be adopted as accessory measure in this issue because the interests of the automobile owners should also be taken into account and the burdens of their danger responsibility should be decentralized. The combination-of the judicial practice with the historic and comparative methods makes the thesis more direct, more instructive and more operative in practice. The thesis is divided into three parts.The first part is the confirmation of the liability subject in the traffic accident compensation damages. On the basis of "the dualistic theory" in the liability subject, that is, the operative interests and operative distribution, the thesis analyzes the general principles on this issue: principally speaking, the compensation damages should be undertaken by the liability subject, i.e. the driver. If the driver in charge is unable to make the compensation temporarily, the unit where he is working or the automobile owner should do the compensation part. If the driver causes the traffic accident in a ministration execution and the automobile owner or his units take on the responsibility, that is called substituted liability. Next, it analyzes the responsible part under several circumstances on the basis of "the dualistic theory".The second part is the compensation scope and standard. First of all, on the basis of a general summary on the term "compensation" according to the civil law, the thesis makes a review on the drawbacks existing in the scope and standard in the traffic accidents compensation damages and puts forward some suggestions for improvement. In order to ensure that the damages are definitely made, an automobile compulsory insurance system should be constituted.The third part is the actual operation of the fault set-off system in the judicial practice. Firstly, the thesis makes a discussion on the operation of the fault set-off system in the judicial practice; moreover, it discusses the operation of "fault set-off' theory in the traffic accident compensation damages.