Vehicle Accident Damages Study

As to compensation liability for damages from motor vehicle traffic accident, the Law of the People's Republic of China on Road Traffic Safety (hereinafter referred to as "the Road Traffic Safety Law") made greatly different provisions compared with previous laws and regulations, and additionally its provisions regarding the subject of motor vehicle compensation liability was too conceptual, so an unparalleled dispute occurred simultaneously in practice and theory realms. The author has done some preliminary research and discussion to this dispute based on the understanding of current legal provisions and legislative objectives, hopeful to be beneficial to settlement of the dispute and improvement of legislation.The thesis is divided into the following three parts:The first part: probe into the constitutive requirements of compensation liability for damages from motor vehicle traffic accident. The discussion scope of the thesis is determined by defining the concept of motor vehicle traffic accident based on the provisions of the Road Traffic Safety Law on relevant diction and the comparison among relevant concepts. Then on this basis, the author analyze and discuss the constitutive requirements of compensation liability for damages from motor vehicle traffic accident, and provide his own opinions to judging standards in operation.The second part: make clear liability principles with regard to compensation for damages from motor vehicle traffic accident, by. analyzing the provisions of relevant laws, regulations and judicial interpretations on the liability subjects for damages from motor vehicle traffic accident. The author thinks that the liability principle stipulated in the Road Traffic Safety Law is actually liability without fault of motor vehicle party. Faulty liability between motor vehicles is the regression to faulty liability after two liabilities without fault are balanced; the direct compensation liability that the insurance company shoulders to the accident victim on behalf of the motor vehicle party is not a kind of independent civil liability, such liability is determined by the nature of the liability that the motor vehicle party shoulders; relevant obligations that medical institutions, traffic accident social relief funds and insurance...