Discussion About Legislation Of Socialization Relief For The Victim In Road Traffic Accident

The number of retained motor vehicles in China has reached199million in2010,and our country has become the largest country of motor vehicles’ production and sale.On the one hand, motor vehicles especially cars has become large-scale goods instead ofluxury goods for common people; on the other hand, we pay more attention to roadtraffic accidents because they cause great damage to our health and wealth. However,traditional tort liability system is not effective in protecting the victim’s rights andinterests in road traffic accidents, it is out of question not sufficient, adequate, resultfulby enlarging the scale of indemnification of tort liability, adjusting imputation principlesof tort liability, enhancing the standard of indemnification of tort liability, that isbecause tort liability is radically a kind of system which is subjected to personal liabilityand a kind of damage distribute which is limited in a few civil law parties. Due to thebipolarity pattern of the victim and the tortfeasor, tort liability is limited inindemnification resources and assume ability.In modern society, loss spreading has gradually become the method to remedy thelimitation of tort liability system, people starts to pursue the way to protect the victim inroad traffic accidents besides tort law, we can achieve the goal of protecting the victim’srights and interests better by socialization relief.This dissertation introduces the origin of socialization relief in road trafficaccidents, defines the scope of socialization relief, expounds the theory of socializationrelief, it gives a general description to the current protection of the victim’s rights andinterests in our country, sorts and analyses the problems in the current socializationrelief for the victim in road traffic accidents in our country, use foreign countries’ modeand experience in socialization relief for reference，put forward how to choose ourcountry’s socialization relief mode and gives some measures and suggestions inperfecting our system under the frame of current laws, it is expected to establish asocialization relief system which suits our national conditions and many mechanismscan co-ordinate and co-operate in this socialization relief system.