Road Traffic Accident Damages

Automobile traffic accident, the by-product of automobile era, became a serious social problem which attracts wide attention as well as malaria and AIDS. As "the biggest killer" in China, it caused tremendous damage to people' s life and possession security. Meanwhile, the number of dissensions of compensation for artomobile traffic accident damage is increasing. The automobile industry in China commenced comparatively late, the legislation in compensation for raod traffic accident damage is still far from advanced, many problems in judicial practice still exist, the different places have different disposals, and some damages in traffic accidents even could not get any judicial remedy. Hereby it is quite necessary to do further research on compensation for automobile traffic accident damage.This thesis explains the necessity of legislation of compensation for automobile traffic accident damage thereunder reality in China through the comparison between the different legislations in this field inside and outside China. With the analysis of the one hundred and twenty-third article of Civil Law and the concept of "the automobile which caused the trouble bears no liability if the passerby violate traffic regulations first" , the author points out that our legislation of compensation for automobile traffic accident damage should spurm the false idea of "to regard regulations and rules as essentials" which is pursued by administrative statutes and local regulations, but adhere to the legislation guiding ideology and essential value judgment of "to regard individuals as essentials" .The dense administrative color of Management Measure on Road Traffic Accidents which is chronically used as criterion to handle dissensionsof compensation for automobile traffic accident damage results in the lack of important constructive conditions of compensation liability for automobile traffic accident damage which are formed by the measure and the theory. Through investigation into the important constructive conditions of compensation liability for automobile traffic accident damage outside of China: relating judicial practice experience in China, the thesis proposes a new viewpoint to the reconstruction of compensation liability for automobile traffic accident damage.Since the compensation liability subject for automobil traffic accident damage and the infringer are different concepts, and till now in China there is no legal provision to define compensation liability subject for automobile traffic accident damage, adjudication organs in different places have different understandings and operations, which lack of conformity with judicial unified criterion. Therefore the thesis analyses the theories and practices on defining compensation liability subject for automobile traffic accident damage inside and outside China seriously. In author' s opinion, the theory of "nominal owner should bear the liability" lacks academic basis, furthermore it produces more disadvantages than advantages, thus it could not be the criterion to define compensation liability subject for automobile traffic accident damage. With a comprehensive survey of theories in different countries, the author found that "the Dualism" combining both "operation domination" and "function benefit" which is in the highest flight and "the Monism" emphasizing only "operation domination" are both partial though each of them has its own advantages. Hereby the author raises a point of "the Eclecticism" of the above two theories, i. e. to define compensation liability subject for automobile traffic accident damage one should abide the essential principle of "the Dualism as principal guideline, the Monismas supplement" . The author believes that this essential principle doesn' t violate "recompense liability" theory nor "risk liability" theory. And withal, it accords with external reality and is of great advantage to solve the problem of defining compensation liability subject for automobile traffic accident damage on all occasions. In addition, the thesis discusses defining of compens...