Road Traffic Accidents In China. On The System Of Compensation And Improvement

The invention and widely use of automobile led to a substantial leap of traffic transportation, and promoted the economic and social development of human beings greatly. However, as the production of high efficiency always results in high risks, driving of automobile caused a new social harmful effect—road traffic accident. With rapidly development of China' s economy and increase of motor vehicle, traffic accidents occur frequently, which cause a large number of injury and death of people and great loss of public and private property every year. To solve this serious social problem, various countries establish and perfect the compensation system for road traffic accident damage, which recoups the loss of sufferer, protects the interest of suffer,decentralizes accidental risks and reduce the occurrence of accidents.In recent years, we have done a lot in this aspect, especially in May ist,2004 the implementation of "Law of Safety of Road Transportation of the People' s Republic of China" (Abbreviated as "Law of Safety" below) is regarded as the great progress of the law system of compensation for road transportation accident damage in China. However, comparing with other developed countries, there are still many deficiencies and blanks in this law system of our country, and this system can' t satisfy the necessity of handling the compensation for traffic accident damage. Therefore it is necessary to enhance the discussion and research of this aspect, and to find way to improve the deficiencies.Through analyzing the historical development, trend of legislation and the relative law systems of other countries, this dissertation explains the deficiencies in compensation system for road traffic accident damage in China, and proposes some suggestions of improvement. The main body of this dissertation is composed of five parts:The first part is the definition of road traffic accident. In this part the author analyzes the definition in Law of Safety, and believes that this definition is more scientific and reasonable than the former definition. Meanwhile, comparing it with definitions of other developed countries, the author points out three deficiencies of it and proposes some suggestions of improvement.The second part introduces the compensation liability subject for traffic accident damage. Firstly the author points out the difference between the compensation liability subject for traffic accident damage and the infringer. Then the author introduces the theory of how to determine the compensation liability subject for traffic accident damage, emphasizes the theory of "operation domination", "operation interest" and "the Dualism"; introduces the theory of determination of the compensation liability subject for traffic accident damage in some developed countries such as Germany and Japan; analyzes the status quo and deficiency of this problem in China; and proposes some suggestions with the explanation of the compensation liability subject for traffic accident damage in the recommendation of draft of Civil Law.The third part is the principle of attributive liability in compensation for road traffic accident damage. This part analyzes the different principles of attributive liability of the two families of law,introduces the arguments of our country' s scholars, and expounds the reasonableness of the attributive liability principle in Law of Safety and the suggestion of perfection.The forth part is the protection of compensation for road traffic accident damage. The protection system of compensation for traffic accident damage is mainly composed of two part: third party liability enforceable insurance and social relief fund. Although the commercial insurance system of motor vehicle third party liability has developed for a long time in China, it differs substantially from the legal enforceable insurance in Law of Safety. On the basis of the introduction of some characteristic third party liability enforceable insurance systems of other countries, the author proposes the ideas of improvement of this system in China. Social relief fund for traffic accident is a new system in China, with analyzing and introducing the advanced systems of other countries, the author proposes the suggestions of establishing this system in China in the fields of the nature of relief fund, set up of governing organization, supervision of the fund, and etc.The fifth part is the legislation of the compensation system for road traffic transportation accident damage. This part mainly discusses the legislative frame of compensation for traffic accident damage. Firstly the author introduces the relative legislation of the six countries such as Germany, Japan and etc. Then the author analyzes the status quo and development of legislation in China, points out the two deficiency, that is lack of tort law and problems in special law, and proposes the suggestions of improvement.