Traffic Accident Damages Regime Discussed

In recent years, with the fast development of the economy in our country, the living standards of people are improving constantly, the amount of automobile increases rapidly. Meanwhile, road traffic accidents happened more and more frequently. Traffic accident has already become a serious social problem. However, some regulations and methods about the compensation of road traffic accidents for damage are difficult to satisfy the judicial principle of justice in our country. That also causes lots of controversies in practice. So it is necessary to analyze theoretically. I hope that the discussion of this text can have positive and realistic significance to improve the legislation of our country and to help the court mediate and decide the problems of the compensation of road traffic accidents for damage, especially to protect the victim's legal rights. Except for the preface and conclusion, this text is divided into four chapters totally.Chapter one summarizes the system of road traffic accident compensation for damage. It analyzes the meaning of the road traffic accident by comparing and mainly quotes the definitions of the traffic accident of America, Japan, France etc.. Through comparing, this text proposes that the definition and meaning of the traffic accident of our country are scientific, they can also joint with the international viewpoint in substance.Then the text analyzes the structure of traffic accident compensation liability which should include three parts, the road traffic accident must be caused by a vehicle in a certain road, there must be some damage in the road traffic accident, the injure behavior and the damage have causality in the road traffic accident, none of them can be absent.Chapter two analyzes the liability principle of traffic accident compensation for damage in detail. First of all, this text recommends some kinds of the liability principle of the road traffic accident compensation for damage that appeared in history, fault liability principle and no-fault liability principle. Most of the countries which belong to Anglo-American legal system mainly adopt fault liability, most of the countries which belong to the continental legal system mainly adopt no-fault liability, such as Germany, France, Japan and so on. Then this text analyze the liability principle in our country's legislation, point out that our country has adopted a system of the liability principle which has fault liability principle and no-fault liability principle. The traffic accident that happened among the car, non-motor vehicle and pedestrian has adopted no-fault liability principle; the traffic accident that happened between cars and other motor vehicle has adopted fault liability principle. This kind of system of the liability principle has its rationality, but it also has shortage. This text has offered the supplementing suggestion through three respects.Chapter three discusses the ascertaining of liability subject in the road traffic accident compensation for damage. First of all, this text investigates foreign principles and methods about the ascertaining of liability subject in the road traffic accident compensation for damage. Then expounds the general principle of the ascertaining of liability subject of the road traffic accident compensation for damage in our country's law, through contrasting the domestic and foreign system, consulting the recent judicial explanation of the Supreme People's Court of our country, this text considers that we should ascertain the liability subject in the road traffic accident compensation for damage with the theory of operating control and benefaction. Under the guidance of this theory, this text analyzes and discusses the establishment of the ascertaining liability subject in several kinds of non-intact owner's road traffic accident compensation for damage. Expecting related departments can promulgate judicial explanation in order to define the compensation subjects that are described above as soon as possible. Chapter four discusses the range of traffic accident compensation for damage. Through comparing with the legislative situations of the traffic accident compensation for damage between foreign countries and our country, argues the deficiency of the range about bodily injury compensation of the traffic accident in our country. This text considers that the compensation for spiritual damages should be included in the compensation range and put forward the reference factors for establishing the number of compensation for spiritual damages. So that the traffic accident compensation of our country can be completed as soon as possible, thus to relieve victims conscientiously, to deal appropriately with the damage that the motor vehicle brings, to reduce the emergence of this tragic, to avoid leading to more serious social problems. This is also the original intention and purpose that the text researched and discussed.