Traffic Accident Damages A Number Of Issues

For people in modern life, transportation is as important as clothing, food and housing. Thus good transporting environments and good traffic order, have become the urgent expectation of people, which in legal life, manifests itself as people's eagerness to establish the laws concerning maintaining the road traffic order, preventing and decreasing traffic accidents, protecting security and property of citizens, corporations and other organizations and increasing traffic efficiency. The Safety Law of Road Traffic of the People's Republic of China "( hereinafter referred to as Safe Law of Road Traffic ) and The Explanations about the Applicable Laws in the Trial of Cases involving Personal Damages Compensations by the Supreme People's Court ( hereinafter referred to as Judicial Explanations) have been passed Since May 1,2004. Ever since the publication, there have been unceasing disputes due to different interpretations of the laws, especially of the Sub-clause 76, which stipulates the means of assuming civil responsibilities when traffic accidents occur among motor vehicles, non-vehicles and pedestrians. People, from different perspectives, extend themselves to justify their views as the correct interpretations of the laws. The dispute is going on. Here I attempted to, in conjunction with the Safety Law, study and explore some problems about damage compensations related to traffic accidents.The article is divided into four parts. In the first part, imputation principles and important documents of responsibilities are discussed. I first studied the concept of road traffic accidents, then, compared the historical developments of this tort damage compensation in countries all over the world, and analyzed the historical development of legislation and the imputation principle in China. A conclusion is drawn that the principle of liability without fault can not only strengthen the protection for the aggrieved, but also urge the driver for safe driving in order to reduce traffic accidents. The 2nd part deals with the liability main body of traffic accidents. It is considered that the liability main body should be judged from relation between operating control and benefaction between the motor vehicle and the owner of motor vehicle. The 3rd part explores the problem of liability insurance in traffic accident. Since traffic accidents is the byproduct of social development. The damage compensation liability shouldnot be regarded as personal responsibility but also the responsibility of society. If the compensation damages were shared by society, it can not only help the party to maintain their legal right but also contribute to proper settlement of all kinds of conflicts in society and maintain social stability.The 4th part examines the damage compensation system in road passenger transportation. The transportation company and the passenger hold a contract relationship. The Safety Law mainly adjusts the relationship between the motor vehicle and pedestrian, without taking the relationship between transportation company and the passenger into consideration. However, in road traffic accidents, the casualties of passengers account for a great proportion, and most of them are severe ones in which more than 10 people are dead. Hereon, I, in combination with my practical work, probes into the hot and difficult problems in the damage compensation system of passenger transportation.