Legal Issues Of The Road Accident Compensation System

Compensation for damage in traffic accident is a very important question in tort law;therefore European, America and Japan all have promulgated specific law for motor vehicle damage safeguard. Since the promulgation of Traffic safety law of the people's republic of china", the public have paid extensive attention and discuss it. As a judge, I pay more attention to its application. The statement of the article will greatly contribute to perfect legislation, instruct the public security and the People' courts to settle, adjudicate and safeguard the partys' lawful interests. Besides preface and closing, the article is divided into five parts.In the first part the author states the system of compensation for damage in traffic accident, and analyses the definition of traffic accident by contrast .then for the damage consequences in traffic accident are usually caused by motor vehicles, the definition of traffic accident of automobiles is specially introduced in this article .Finally the author thinks that liability for damage in traffic accident have the following traits, particularity of the compensation range ,transition of liability incurred .enforcement of liability insurance, harmer has particularity and so on.In the second part the author introduces the constitution of compensation for damage in traffic accident .he puts forward that traffic accident should include time and space constitution ,damage fact ,and the causation of infringement and damage fact. Then the author deals with the exempt cause of compensation of damage liability .including the victim of intention ,force majeure ,ending of limitation of action and the passer get into the highway and injury himself and so on.In the third part ,the author summary up doctrine of liability fixation in our country .considers doctrine of liability fixation in our legislation is a system of principle ,not only include doctrine of non- fault liability for insurance company, doctrine of negligence liability between automobiles, but also include doctrine of non- fault liabilitybetween non -motor vehicle and passersIn the fourth part, the author deals with the principle of the compensator of traffic accident liability and specifically determine, in his opinion determination of general the principle of the compensator of traffic accident liability should include the principles of negligence direct compensation ,advancing money, and vicarious compensation.Combining with trail practice, the author denies such an opinion that the injured must go through the settlement by the public security and get traffic accident authenticated document which is used to branch out civil liability. At last, the author suggests the people'court should award the amount of spirit damages according to the injured rate of the injured...