On Traffic Accident Compensation

The road transportation is closest to us. Where there is the road, there is road transportation; and where there is road transportation, there is the traffic accident. Special principle of deciding reliability is applied to the compensation of damage involved by the traffic accident. According to the legislation spirit of 《Civil law of the People's Republic of China》, the principle of deciding reliability based on fault is adopted. While, 《Safety road transportation law》 definitely clarifies principles of deciding reliability. If the traffic accident happens between automobiles, the principle of deciding reliability is based on fault; and if the two parties involved both have fault, the reliability is undertaken according to the proportion of fault, which means the principle of deciding reliability based on mixed faults is adopted. When the traffic accident happens between the automobile and the non-automobile, or between the automobile and the person passing by, the principle of deciding reliability is not based on fault, the reliability should be undertaken by the party of automobile. But, if it is proved that the party of non-automobile and the person passing by has fault to certain extent, and the driver of the automobile has taken measured to dispose of the situation, the reliability of the party of the automobile may be reduced. The reason for this non-fault based principle of deciding reliability is that, in fact the right of passing by between these two parties is not equal; compared with the automobile, the person passing by is obviously the weaker party. And the danger caused by the automobile is much bigger than the danger caused by the person passing by, which make it necessary that the party of the automobile should pay more attention. Thus, when considering the undertaking of reliability, the owner or user of the automobile or should undertaken more reliability under the same condition, which shows the party who has advantage should undertaken the danger, i.e., for traffic accident happening between the automobile and the person passing by, if the...