Motor Vehicle Road Traffic Accident Damage Liability Study

The Road Traffic Safety Law of the PRC was adopted at the Fifth Session of the Standing Committee of the Tenth National People's Congress and effective as of May 1, 2004. In the meanwhile, the Treatment Measures on Road Traffic Accidents promulgated by the State Council on Sept. 22, 1991 was abolished. The promulgation of the new law has attracted extensive attention from all various circles of the society and the clauses related to damages compensation of motor vehicles have led to even fiercer debates. Especially some media and scholars have arbitrarily blamed the no-fault liability principle. Under such background, this paper studied and explored the subject of motor vehicle related damages compensation.On the basis of the clauses under the Road Traffic Safety Law of the PRC and the General Principles of the Civil Laws of the People's Republic of China, and compared with the Treatment Measures on Road Traffic Accidents and the motor vehicle related damages compensation regulations in foreign countries such as Germany and Japan, this paper analyzed and appraised the relevant liabilities for damages compensation due to motor vehicles in all-round way.The article is divided into five parts.At the first part , this paper analyzed and appraised the relevant liabilities for damages compensation due to motor vehicles.Secondly,I study the constitutive parts of responsibility of motor vehicle supporter. At the third part,I establish doctrines of liability fixation about liability for motor vehicle supporter.I introduce the balanced question of the fault .And the last part ,I proposed own view on the supporting system of the Safety Law, including improvement of motor vehicle damages compensation insurance system, setup of social rescue funds, etc. as well as the necessity of formulation of the damages compensation law on motor vehicle traffic accidentsThe historical and comparison methods were adopted in the paper to give predominance to the scientificalness, future-orientation and applicability of the arguments in the paper. In the meanwhile, it provides a theoretical basis for handling the disputes over motor vehicle damages compensation. The author sincerely hopes that with recognitions and efforts of all the people across China, the situation with commonly seen road traffic accidents will be changed.