| Since the advent of a motor vehicle in1885, with the increasing economy and the rapid development of science and technology, the motor vehicle the ownership of this mode of transport is increasing, it has become a necessity of our life and work like a phone as. Gradually gained popularity and traffic safety awareness of traffic participants of the motor vehicle is not strong enough, to some extent, to increase the probability of traffic accidents, traffic accidents occur frequently attracted the attention of the judiciary and academia, it is more and more important to improve the formulation of laws and regulations which related to the road traffic safety. Meanwhile, traffic accidents damages issues related to personal rights and property of the people, so more and more concerned about the traffic accident damages. According to statistics, in2011a total of210,812cases of traffic accidents involving casualties. Traffic accidents has become "the world’s first victims.In order to solve the damage caused by the motor vehicle of social production and life, in all countries of the traffic accidents have enacted laws and regulations also apply special rules of tort liability for damages provisions for motor vehicles. The Road Accident Liability very complexity and particularity, to determine liability in the theory and judicial practice there are some difficulties. Road Traffic Accident fault offset compensation principle is one of the important issues, so I mainly of road traffic accidents, damage fault offset compensation principle of preliminary plain. Contributory negligence, when the victim for the damage to occur with a fault or damage is the result of expansion, a system of liability in accordance with the law or be exempt from the obligation to compensate people for damage. When an accident happens, the applicability of contributory negligence, how applicable the Negligence Counterbalance and other issues by the people’s attention. In this paper, starting from the basic theory of negligence even on a fault offset of the historical development, components, system value analysis comparison of contributory negligence and other similar systems, analysis of road traffic accidents in the principles of negligence counterbalance origin, legal basis and the applicable system compared to other countries at the same time to analyze the status quo of contributory negligence applies in road traffic accidents in China, and put forward relevant suggestions for improvement.Traffic damages related to the perfection of the legal system, the legal system of the state and society marks a level of civilization, reflects the legal principle of fairness and honesty, but also the performance of a national human rights protection. Road traffic damages the Negligence Counterbalance system damages the perfect requires not only the efforts of legislators, also require judicial workers in the accumulation of work experience. Throughout our present legislative and judicial status quo, the development and improvement of road traffic accident damages related legal work is also a long way to go. |
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