Road Traffic Accident Compensation System Research

In recent years because of road traffic accidents of the appeal courtdamage compensation cases, increasing year by year. Because China’s lawsand regulations of the defects in the social security system, the reason,make traffic accident victims can not get timely treatment and effectivecompensation for damage. So set up a high efficiency and fair road trafficaccident compensation for damage regulation system, it is extremelyessentialmotor vehicle in the running of the damage caused by the, theestablishment of the responsibility, not to the victim’s subjectiveexists faults as the condition, and the burden of proof to this need notbe, if there is no evidence that his inflictive party does not existnegligence, shall bear civil compensation of a kind of responsibility.The traffic accident liability for damages is responsibility theory,dangerous reward control theory, dangerous share theory, method economictheory, and loss compensation said (protect the weak viewpoint) as itslegal basis.By the Two countries about road traffic accident liability for damagescomparative review, as on liability principle, because civil lawcountries less affected by traditional tort law,it adopted a principleof strict liability. Among that, Germany is one of the earliest countriesrequire the principle of liability without fault, Japan, France`sLegislation also provides for the principle of liability without fault;while common law countries, because of tort law is more developed, anddeeply influenced by traditional tort law, mostly taking the principleof fault liability is typical of the United States and United Kingdom.Onthe scope and standard of the road traffic accident damages, civil lawcountries is to adopt full compensation,while common law countries is totake is to limit the compensation;on road traffic accident compensationfor moral damage, national legislation are clearly defined.China’s current traffic accident compensation system`s principleattributables to between the motor vehicle to implement the principle offault liability,but between motor vehicles and pedestrians, non-motorvehicle to implement the principle of liability without fault. Traffic accident damage compensation range include personal injury compensation,loss of ability to work the compensation, death compensation andcompensation for moral damage.In China, road accident damage compensationsystem still has some problems, such as traffic accident compensation`sdesign of attributable to the principles is defective, traffic accidentcompensation`s main-body of the identified surface is too narrow, motorvehicle third party liability insurance system, road traffic accidentrescue fund system is not perfect and so on.To solve the above problem, from the following aspects should beperfect: at the legislative level, improving the road traffic accidentdamages the identification of the subject; on the institutional level,improving motor vehicle compulsory insurance system. Scientificdefinition of the scope of the insured, gradually considering the damageto property included in the scope of protection, improving the limits ofliability and requesting the provisions of direct victim’s right;strengthening the supervision of road traffic accident relief fund,enlarging the scope and funding sources to expand relief fund, and at laststrengthening the financial security for the relief fund.