On Road Traffic Accidents Liability For Damages

The compensation for damage arising from traffic accidents among motor vehicle, non-motor vehicle or walkers has been the controversial and hot questions before and after the enactment of Road Traffic Safety Law. Now, Road Traffic Safety Law has come into effect for more than 1 year, and there are still many experts and scholars question the rationality of Article 76 of this Safety Law. This thesis intends to make a brief research on perfecting the compensation for damage arising from traffic accidents, based on imputation policy for the responsibility of civil damages and causal relations lying in compensation for damage in traffic accidents, as well as application of fault counterbalance and analysis in Article 76 of the Safety Law.Upon lots of disputes caused by a traffic accident case between a motor vehicle and a non-motor vehicle before enactment of Road Traffic Safety Law, Part I states the topics of this thesis i.e., the relationship between the casual relation in traffic accidents and the liability for civil damage in traffic accidents;what kind of imputation policy should be applied for the liability for civil damage in traffic accidents, etc.Part II states the imputation policy for the compensation for damage in traffic accidents, lists regulations on the imputation policy for the compensation for damage in traffic accidents of some developed countries, and concludes that most countries adopt the doctrine of no-fault liability. Meanwhile it cites theories on the imputation policy for the compensation for damage in traffic accidents in China, and supports the doctrine of no-fault liability in compensation for damage in traffic accidents.Part â…¢ states the casual relation in compensation for damage in traffic accidents, lists different determinations on casual relation of damages for infringement by the dichotomy of Anglo-American law system or by the integration of continental law system, and analyzes their different characteristics. It also cites opinions of Chinese scholars, and agrees that we should borrow ideas from the dichotomy of Anglo-American law system, distinguish factualcausality and legal causality, thus to solve the compensation for damage in traffic accidents better.Part IV states the fault counterbalance in the compensation for damage in traffic accidents. It considers there are no conflicts between the applying of fault counterbalance and the doctrine of no-fault liability in compensation for damage in traffic accidents. The fault counterbalance shall be applied in the compensation for damage, giving some theories on how to apply the fault counterbalance principle of scholars. Different kinds of theories shall be applied in different kinds of traffic accidents, which adopt different imputation policies in the compensation liability of traffic accidents of our country. Furthermore, this thesis states the author's opinions on applications of the fault counterbalance under the doctrine of fault liability or the doctrine of no-fault liability, and comments on the fault counterbalance mentioned at the beginning of this thesis.Part V includes the perfect of Road Traffic Safety Law and analysis on Article 76, states opinions on deficiency of compensation for damage in traffic accidents in Road Traffic Safety Law, and puts forward amendment suggestions for Article 76.