Analysis On Several Problems Of Accident Damage Compensation

Since the Road Traffic Safety Law of the People’s Republic of China was put intoeffect on May1st,2004, accident damage compensation system in our country haschanged a lot. As a staff working in Public Security Traffic Management Department, Iclearly know it has played a very important role in our daily life. But with thesocial-economic development, there is such a phenomenon, that is “Kissing the luxury carleads to astronomical compensation, ordinary car owners can not afford to hurt.” There iseven another stranger phenomenon, that is “the same life with different price and cars aremore expensive than human life.” From the current legal perspective, combining with myown work, borrowing ideas from the foreign country’s accident damage compensationsystem, using the changes of the accident damage compensation system in our country asthe starting point, I profoundly analyzed it, studied it and thought about it.This article consists of four parts. The main contents include: firstly, it introduced thechanges of imputation principles about the accident damage compensation system in ourcountry. It mainly compared the principles of responsibility before and after the TrafficSafety Law was put into effect with those of foreign countries. Secondly, it talked aboutthe changes of the third liability insurance about motor vehicles of the road traffic accidentin our country. It mainly introduced the origin and the outline of the enforcement of theliability insurance, the legislation reference about the insurance system in extra-regionalcountries and areas and the law practice about compulsory insurance for traffic accident inour country. Thirdly, it introduced the social rescuing measures about the accident damagecompensation in our country. It mainly analyzed the concrete regulations of the relief fundrights and obligations through foreign relief fund systems and the Road Traffic Safety Law.Fourthly, it involves the origin, the case, the legal analysis and the writer’s thoughts andsuggestions about the accident damage compensation of the luxury cars.The article advocates the accident damage compensation system should be connectedwith the Road Traffic Safety Law, the Motor Vehicle Traffic Accident ResponsibilityCompulsory Insurance Regulations and the Pilot Schemes for Road Traffic AccidentRescue Fund Management. And italso suggests that the principle of reliance interestshould be considered when traffic accident happens. As a qualified motor vehicle driver,he should have a foresight for the possible problems about the traffic while driving. Sincethe unforeseeable profit is not protected by the law, I think it’s of great importance to take the commercial insurance into consideration as well as the compulsory liability insuranceto reduce the burdens and weaken the social conflicts.