| New implementation of the"Tort Liability Act"determined spiritual damage compensation system on a legal perspective. But in the judicial practice, the traffic accident compensation for spiritual damage problem involves many legal relationships, in all cases and complex degree is different, so our country traffic accident victim on the problems of compensation for spiritual damage is not clear, arbitrariness. This paper analysis a detailed of the traffic accident victims'legal relationship and legal characteristics, combined with case analysis, think at present in China, spiritual damage compensation in traffic accident victims are applicable condition, principle of imputation is fuzzy unified, protection of victims'limitations and problems. It draws lessons from the foreign advanced ideas and legislation system, puts forward suggestions of uniform traffic accident victim compensation for mental damage condition, and puts forward to be contributory negligence responsibility with combination of imputation principle. The paper hopes to propose the road traffic accidents on the social assistance fund management institutions, the traffic accident spiritual damage compensation in the insurance to pay strong project, the establishment of social assistance system. |
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