Motor Vehicle Causing Damage To The Compensation Problem

The invention of motor vehicle brings us human beings so much convenience, however, its harm cannot be ignored. In order to solving the damages caused by motor vehicle's torts ,countries around the world adopt immediate action to make the related laws, so they can give sufferer of motor vehicle partial, prompt and immediate compensation.Based on other countries' legislation and judiciary experience, China has carried out the "Road Traffic Safety Law of the People's Republic of China"(hereinafter referred to as Road Traffic Safety Law) on May 1st, 2004, which has changed the rules of motor vehicle violation in the traffic accident. This thesis is composed of preface,four chapters and postscript , which not only has analyzed and researched several issues about motor violation, imputation principle,damage compensation and third party liability compulsory insurance, but also has proposed some suggestions.Chapter One illustrates the characteristics and defense reasons of our "Road Traffic Safety Law", by summarizing the relation of motor vehicle and traffic accident and by comparing the related regulations of motor vehicle violation at home and abroad.Chapter Two explains the reason, jurisprudential basis and its impressing meaning why the "Road Traffic Safety Law" adopts doctrine of no-fault liability by clarifying the imputation principle, and also put forward the author's proposal about liability principle of violation on this basis.Chapter Three, it first analyzes the concept of damage compensation, and also the characteristic and features of motor vehicle. Besides, by comparing the system of vehicle damage at home and abroad. Not only it has elaborated the deficiency in our country, but also proposed the way how to improve it. What's more, it also gives the author's opinion on how to conclude responsibility entity of civil remedy.Chapter Four points out the "Road Traffic Safety Law" gives a clear definition that the victims have the direct claim right, because the motor vehicle damage compensation adopts non-fault principle In this case, this thesis illustrates the features and function of traffic accident compulsory liability insurance, and by comparing it with motor vehicle third party liability insurance, concludes the differences and similarities of the two, while some of sound advice is also put forwarded on this basis.