On Road Traffic Accidents Liability For Damages

With the rapid development of our automobile industry and transportation, the number of traffic accidents increases fastly, in the course of dealing with the accidents, people have many misunderstandings on the problem of accident compensation for our imperfect legislation. According to General Principles of Civil Law of The People's Republic of China,Traffic Security Law of The People's Republic of China ,The Supreme Court Interpretation on Several problems about Ascertaining The Spirit-Hurt Compensation Liabilities and other laws and regulations ,I analyze and explain the concept of traffic accident and traffic accident compensation liabilities; To make clear the complex relations among the drivers of motorized vehicles and owners of automobiles, I make certain who is the person that will bear the burden of compensation under different circumstances. The principal content of this thesis is imputation principle on traffic accident damage compensation and how to compensate the damage caused by the accident. From introducing the theory of civil imputation, I talk about the domestic and foreign country legislation development history on imputation principle of traffic accident damage compensation. Then I go on discussing the problem on how to use the imputation principle when faced with traffic accident compensation and which damage we should compensate. As traffic accident is one kind of tort on people's lives and health, the damage compensation of it concerns with spirit-hurt compensation. I also analyze the liability insurance system. At last ,I make some advice on consummating our traffic accident damage compensation system,making a uniform law on traffic accident damage compensation,setting up a social salvation fund on traffic accident to protect the interest of the walkers and the owners of motorized vehicles.