Study Of Road Traffic Damages

In recent years, with the rapid economic development, a significant increase of motor vehicles, the increasing popularity of car use, road transport is also developing rapidly, followed by the number of road accidents and the consequences of the damage is amazing, this becoming more and more in today's society are facing a big problem. Damages in cases of road traffic accidents have become the people's court of the admissibility of tort damages in one of the main types of cases, most of such cases caused serious bodily injury, substantial material damage, the parties emotionally intense, to the individual, family and social extent of the damage caused is startling, to bring social harmony and stability are a great threat.Liability for damage to road traffic accidents involving many of the issues in the field of tort law more and more attention, but many of these issues, there are still deficiencies and gaps. How to build the whole building from the set of efficient, fair, transparent, workable and reasonable traffic accident injury compensation system, from the legal system to maintain the level of the legitimate interests of accident victims, and then to resolve social conflicts, maintain social harmony and stability is a have significant legal and practical significance of the task, to do this work will help to reduce the part of the proceedings, to protect the victim compensation as soon as possible, to reduce social conflicts, is conducive to social harmony and stability. Infringement of road traffic accidents were several different attributes to bear legal responsibility, mainly due to abuse people for traffic violations have also comply with several different elements of the nature of legal liability, injury, several different types of legal relations. In the general case, after a traffic accident, to bear against the person or infringement penalties and administrative sanctions, or to bear the penalties and criminal penalties for infringement. "Compensation for damage is necessary to bear the main form of infringement penalties."This paper intends to be divided into four parts. The first part of the road traffic accident liability for damages for an overview, followed by road traffic accident abroad, liability for damages on the principle of attribution for comparison, reviewed the development course of China's principle of attribution, the paper analyzes the third part of the damages in road accidents Elements of the responsibility of the general and special constituent elements, and finally, combined with our road traffic accident liability trial practice, the liability for damage to road traffic accidents in China's main responsibility, the principle of compensation, scope and benchmarks are described.