A Study On Compensation Liability For Traffic Accident Damages

In modern times, in order to meet the needs of economic construction and travel convenience, the rapid increase in the number of motor vehicles. Because of the inherent risk of motor vehicles, it is unavoidable fact that traffic accidents occurred frequently. During the work, I have found that there are many difficult problems in dealing with the matter of damage compensation liability after the occurrence of traffic accidents, in which, the criterion of liability, the identification of compensation body and extent of Liability are the most basic problems there are many difficult issues to explore.The biggest feature is that the motor vehicle power unit driven or drawn. Motor vehicle traffic accidents should occur in public places, and only during operation of the motor vehicle accident is the accident occurred. Traffic accident liability and damages are two different concepts, the nature of their responsibilities and accountability are all different.Liability for damages in a road accident on the principle of attribution, although the principle of fault liability principle and the no-fault liability coexist, but the adoption of the principle of liability without fault of countries through the establishment of no-fault liability of motor vehicle liability insurance to supplement the principle of fault liability the injured inadequate protection of people in the field of motor vehicle accidents to the principle of liability without fault legislation in the world is becoming a general rule. In the field, Chinese law including taking responsibility principle of fault liability, the presumption of fault liability and no-fault liability.The main responsibility for accident damages, countries with a different title, the doctrine on its generally recognized standards of "the interests that run the control and operation","Run said control" and "registered owner said," which "run control and run interests of the said "for the pass. China’s laws and regulations put the responsibility on the subject called "motor side", but have not specify universally applicable Standards. From the theoretical basis and practical basis, China should be to "run the interests that control and run" as the identification of the responsible body of universally applicable standards. Run and run according to the interests of dominant standard analysis:(1) the case of motor vehicle traffic accidents linked with operational damage, and if the affiliated person is affiliated conventions are linked with the interests of people receiving operation, who are affiliated and who are affiliated damages the main responsibility, joint and several liability; interest in running but has not yet agreed for management fees in the case, the person who has been linked with the corresponding additional responsibilities.(2) China’s road traffic law is not a social assistance fund liability for damage to the subject.(3) China’s law to pay compulsory insurance the insurer is not the main responsibility for damages.Liability for damages in motor vehicle accidents to determine the scope, we should pay special attention to the application of fault offset. According to China’s laws, regulations and judicial interpretation of the provisions, liability for damage to road traffic accidents include personal injury and property damage, which, as an independent moral damage compensation program should compensate; traffic accident victims are rural or urban residents to confirm household registration should be the main principle, supplemented by the principle of habitual residence; accident victim was brought out of that is when the residents of urban residents living in rural areas have the highest amount of compensation should be determined to "whichever is higher" method to calculate.