The Theory Of Road Traffic Accident Damage Compensation

There is a new redefinition of road traffic accidents in" the People’s Republic of China on Road Traffic Safety Law".Unexpected road traffic accidents are officially recognized as road traffic accidents.However, the theoretical research of unexpected road traffic accidents in China is still very weak.In the field of law enforcement and judicature,people do not pay attention to this important concept with due.Since few people focus on it,it is hard to deal with these road traffic accidents problems in the judicial practice.It needs to be further strengthened.Based on this situation,this study discusses on unexpected traffic accidents processing in China, especially on some problems in compensation for damage with the relevant foreign legal research of unexpected traffic accidents,by using the method of comparative research.This thesis composed of three parts:The first part is a summarization of unexpected traffic accidents.It comes to a conclusion through the elaboration of road traffic accident definition, characteristics, domestic and international background and the significance of the concept.Not only can it straighten relationship between road traffic accident and infringement behavior to enrich the connotation of road accident,but also can it solve many practical problems with the positive effects on the law enforcement and Judicial practice.The second part is the classification andlegal attributes of unexpected Road traffic accidents.Firstly, different classification are made according to different standards. It discusses the meanings by using different classification methods for unexpected traffic accidents Processing. Secondly,it discusses the three attributes of accident, objectivity and social risk of unexpected road traffic accidents.It’s clear to be handled as a special tort definitely.The third part is the law application for unexpected road traffic accidents treatment and compensation for damage. This is the focus of this article.It discusses on the composition of unexpected road traffic accidents, judgement standard of fault,especially on the principles of civil liability in unexpected road traffic accidents and civil mediation, compensation damage and other issues by the traffic administrative department of the public security organ.In summary, particular compensation principles for civil liability should be applicated in specific circumstances, since unexpected road traffic accident is one of the road traffic accident. The parties may choose different settlement on damage compensation due to Private right of autonomy by themselves. It can save greatly the cost of the litigation and administrative law enforcement. What’s more,it provides the direct and strong basis when victims gets their compensation in due course.It will promote the construction of harmonious society in china. with the improvement of unexpected road traffic accident processing.