Road Traffic Accidents And Civil Liability Study

Road traffic accident is a globally-confronted social calamity. At present, over 1.2 million people die from road traffic accident around the world every year. China is one of the countries that have got severe traffic accidents. There are nearly 100,000 people die from traffic accident every year. It's well- known that life, body and health are the most precious in the world. The road traffic accident brings not only human casualty and social loss, adversity to thousands of Chinese families, but also continuous social problems, such as juristic actions, economic controversy and psychology, and etc. With social development, peoples' legal consciousnesses are increasing gradually, and juristic events at issue concerning road traffic accident happen frequently. Therefore, to perfect motor vehicle traffic regulation of civil compensation for damage is of great significance to adjudicate dispute of those concerned and prevent traffic accident.The main body of the article is focusing on the theory of road accident civil compensation responsibility and legal problems, discussing the theory of the law of civil compensation for road accident damages, citing the legal rules abroad. To determine the road accident civil compensation responsibility is to solve the problem of civil compensation for damages that caused by the motor vehicle accident, and in the meantime, it can play an active role of decreasing and preventing road accidents.The main structure and content of the article is as follows:The first chapter: common principles of road accident civil compensation responsibility.In this part, the author determines the road accident definition and condition, sorts out the conception, characteristic, constructional elements of the road accident civil compensation and provides a rationale for further discussion.The second chapter: disciplines of the road accident civil compensation responsibility imputation.In this part, the author refers to the disciplines of the road accident civil compensation responsibility imputation of the countries such as Germany, France, Japan, United Kingdom and New Zealand. Comparing the facts in China with the above countries, he has studied the relative problems and tries to improve the legislation in China. After that, he recollects the road accident imputation legal institutions course in China, analyses and compares the nothing fault ascertaining in the "General Principles of the Civil Law" , ascertains in imputation in " the road accident handles way" , and the nothing fault that "road traffic Law on State Security" ascertains imputation.The third chapter: main body of road accident civil compensation responsibility.In this part, the author discusses the basic concept of main body of road accident civil compensation responsibility, and the differentiation between accident responsibility person and main body of accident civil compensation responsibility at first. Then, he analyses and compares the standard of ascertaining the responsibility main body abroad, puts forward the concept of "dualism" , and proposes an idea combining with Chinese reality. At last, the author discusses the main body of the 14 kinds of road accidents individually, those are the compensation riding, riding without compensation, driving presumptuously, vehicles attached or affiliated to, vehicle transfer not handled, employee driving, vehicle pledged, and vehicle lent.The fourth chapter: the improvement of road accident civil compensation system in China.In this part, deliberating the comprehensive analysis according to the previous article, combing theory and practice, the author puts forward the scheme that perfecting rules of compelling "the third person" to insure, setting social relief fund, determining the sum of spirit compensation for damages clear.