Vehicle Accident Damages System

Motor vehicle is human society has entered a new era-a sign of the industrial age, it brings convenience to people comfortable, but also brought numerous injuries. How effective relief accident damage and how to use the law to prevent or reduce the damage occurred, has become a pressing need to solve practical problems.Based on the motor vehicle traffic accident compensation system research topic, is divided into three parts.The first part is defined in motor vehicle accidents and accident damage. Grasp the concept of content in motor vehicle accidents, should not be adding too many factors that determine value, but should fully to the definition of its physical properties. Identification of the public security organs on the traffic law enforcement in both administrative and professional and technical appraisal of the double property. Thus the accident is a specific administrative act should be identified, should be included in the scope of administrative litigation cases, and ultimately for the interpretation of legislation or the right to clear. In determining the contents of accident damage, injury traffic accidents in China on sub-personal injury and property damage to protect the victims of two parts.The second part is the motor vehicle traffic accident compensation system. Traffic Accident Compensation mechanism in the function of the respective merits and demerits of each other with future generations:fault tort damages damaging to fill, sanctions and preventive function, but the fault of the victims of the perpetrators can not proof or evidence is often difficult, the damages are difficult to effectively protection, causing social injustice; no-fault compensation for tort damages and prevention of certain functions, but the burden of aggravated motor vehicle shall not conducive to social and economic development; motor vehicle liability insurance to provide a more efficient and effective protection for survival, and can more widely distributed within the risk, but to protect the right to life because of its basic philosophy, to fill the damages has limitations; Comprehensive social security mechanism, while greatly to the interests of the victim's protection, but due to its dampened the activity and restricted the development of society.The third part is the vehicle traffic accident compensation system. As compensation for accident damage to the mechanism of the functional gaps exist, any single mechanism can not function effectively to achieve compensation. Thus, our compensation model constructs compensation system. Compulsory insurance for motor vehicle insurance litigation status, should be "direct compensation insurance companies," "accident of party autonomy" and "the full interpretation of the court that" the principle to be determined. On motor vehicles and non-motor vehicles, traffic accidents between pedestrians, China established a motor vehicle shall bear the principle of liability without fault. Can not be determined in the main responsibility for damages, you can "risk control", "earnings risk" and "fair protection" principle as a standard.