Motor Vehicle Traffic Accident Personal Injury Compensation

In modern society, the automotive traffic accidents along with economic development and technical progress have increasingly threatened human safety. How to prevent auto-accidents effectively, and afterwards how to transfer and allocate damages from auto traffic accidents and give the victims timely, fair, reasonable and enough remedy, it is the problem in the face of all over the world. This thesis attempts to put forward reasonable suggestions, which take comparative law successful experiences of developed countries for reference and build on the basis of deep analysis to China's actual conditions, for improving auto-accident personal injury compensation law in China by systemized research to existing relevant laws and regulations in China.The first part of this paper holds that auto-accident liability belongs to highly dangerous special tort and shall apply no-fault liability principle. No-fault liability does not take no account of the fault of victims. The tort liability law takes following advantages of dealing with auto-accident: more extensive compensation range; obvious punishment effect to infringers; carrying out the civil law idea of "self-responsibility". If certain conditions would be satisfied, tort law was better than other systems. Owing to following facts simple tort liability mechanism is in predicament: compensation incompetence of infringers; the possibility of escaping legal responsibility; expensive lawsuit cost; uncertainty result of tort lawsuit; insufficient suppression to the occurrence of tort behavior.The second part of this paper analyses deeply insurance law system of auto-accident personal injury compensation. Because of the shortfall in the planning of the system, the existing auto-accident compulsory the third party liability insurance exerts limited function in practice. The liability limitation of the insurance corporation is lower than auto-accident personal injury liability. Some rules think only of the benefit balance between the parties of insurance contract and regardless of legislation goal of auto-accident compulsory third party liability insurance. The lower participation rate of the third party liability commercial insurance and accident insurance of potential victims of auto-accident shows that automobile owners lack enough consideration to auto-accident liability risk and the risk awareness of the public is still stayed pending further enhancement. The liability insurance can trigger the moral hazard of victims, judges and infringers, consequently the number of tort liability compensation get sharply raise, insurance fee burdened by the insured become more and more and the insurance claim may be excessively sued. It is a bad circle.The third part of this paper sums up the existing social security law system of auto-accident personal injury compensation. The auto-accident relieving fund plays a crucial pole to rescue victims of auto-accident in case of urgent conditions. Besides the special mechanism, the employment injury insurance and fundamental medical insurance exert auxiliary function as well. There are four doctrines in theory whether the victims should get both employment injury insurance and tort compensation or not. Most scholars say "yes"; however, opposite opinion can be supported by positive law in fact. The right of subrogation is affirmed in social security is evidence of negative theory; however, it needs scrutinize carefully in order to get appropriate conclusion. Which institution can bring an action for the unclear identity victim(s) who is injured heavily by auto-accident? In practice, some suits are accepted and others are refused. This situation asks for further research public welfare action in china in theory as well as in practice.The last part of this paper attempts to systemize auto-accident personal injury compensation in China. The systemization thought can not only find out rank relation of legal conceptions and summarize legal cognition standard in the process of resolving specific problems, but also clear the relationship of different legal norms in order to establish good basis for further legal development. Systemization has three elements: unity, partition and completeness. These elements include in the laws and regulations of auto-accident. How to accomplish systemization in compound legal relationship is a challenge. We should accomplish systemization of auto-accident law by the method of value-function analysis. The following value with which we can establish basic structure of auto-accident personal injury compensation law should be embodied in the auto-accident law in China: ensuring traffic safety; safeguarding fundamental human rights; dodging reasonably risk; respecting freedom of movement; improving efficiency of dispute-resolving.