Traffic Accident Damages Law

Traffic accident means the power-vehicle driver damages other people's body and properties on negligence when driving on the road. Though the current laws have already elaborated relatively detailed about the administrative punishment and the penal punishment on the illegal conduct during a traffic accident in road transportation, it still leaves much to be improved, which leads to be very difficult in manipulation and be lack of the legal rights protections of the clients.After a road traffic accident, the first thing we are facing is to affirm the duty and the intermediation, or initiate a public prosecution if the intermediation fails, among which we will surely face the pivotal problem. That is who can request compensation, who is the vehicle owner, which kind of duty the vehicle owner should take, which kind of duty it is and who will take the responsibility upon such problems. This writer considers the responsible person should be recognized according to who drives and has benefit of the vehicle. The paper has analyzed the traffic accident death person, the legal-person disintegrate, the passengers who take the same bus, the non-ticket passenger and so on under each kind of situation request power sovereignty. If the driver is hired by another person, then the hirer bears the compensation responsibility. The pre-compensated responsibility is particularly related to the person who bears the compensation responsibility beforehand. There are specialties in recognizing the responsible person: In a vehicle deal contract, if the buyer and the seller don't change the name of owner in a register transfer, then the pre-paid duty is burdened on the buyer; If the vehicle is stolen and takes accident, the owner's duty is based on whether he has take care of it. If the thief dies or escapes, the country compensates it. In the divided payments contract, the user burdened the damage duty; The lesser and lessee should compensate the victim together if they have a lease on the vehicle. It is analyzed that the responsibility nature that the insurance company has in the traffic accident of the road is a kind of insurance responsibility of paying insurance premium produced on the basis of contract of insurance. It should be by party's party autonomy whether the insurance company becomes the defendant. It has been analyzed that insurance company's responsibility is to pay the insurance money in road traffic accident, which is produced on the insurance contract but is not infringes upon the right the responsibility. It is based on the compulsory insurance to the general commercial insurance stresses on to the victim the protection, it should entrust with the traffic accident victim to the insurance company independent request power.The cognizance of a traffic accident duty has long been deemed as a kind of non-suitable conduct in judicatory practice, "Road Traffic Safety Law Of The People's Republic Of China" regard the cognizance of the traffic accident as the evidence. This has been disputed for a long time. Now, this kind of non-suitability is more and more questioned by the fair protection principles and unification of the legal system. From the concrete administration in its conduct and actions, the article put forward such a view that we should put the traffic accident into the scope of administrative suit. And it proposes that through administrative litigation, the ways, such as administrative reconsideration, etc and. administer relief to party's interests, special traffic accident responsibility should be set up and assert checking the organization before revising in "Road Traffic Safety Law of the People's Republic Of China", in order to protect most people's benefits much adequately and completely.Buckle after abrogating temporarily public security organ vehicle supervise accident the persons liable not to be paid according to "Regulation on Road Traffic Accident Process". The property becomes encroached on the rights of people the important way to relieve to save from damage to apply before telling, this text thinks that it encroaches on people in the interests angle, the court should allow to adopt the guarantor way to assure.