Discussing On The Application Of Under-compensation Institution

With the continuous development of China’s market economy, with the car trafficaccident increases ceaselessly, payment problems about car’s repair cost price hasgradually emerged. In the road traffic accident damage, compensation in thedetermination of the legal liability and the amount of compensation is very important.However, when the owners responsibility under the civilians, special consideration ofthe car itself, whether the specific amount of compensation should be limited and cannot be fully compensate for the relief of car owners the right is the law must bediscussed. Therefore, the essence of the under-compensation system is to find abeneficial balance between the parties, and draw up an effective mechanism to resolveit.Specific to this article, it focuses on the core issues that in the case of the Hondahit the Rolls-Royce which causes astronomical compensation, and discusses thenecessity for foreign under-compensation system damage compensation in road trafficaccidents, and combines with the current conditions in China and put forward thefeasibility of the applicable program.In addition to the introduction and conclusion, the main text composed of threeparts, totaling more than10thousand words.The first part is about the legal analysis of " hit the luxury car ". This part of theconcept of motor vehicle traffic accident liability of legal nature analysis," hit theluxury car " cases and in-depth analysis of various risks resulting cases may cause.From this point of view, illustrates the under-compensation system is introduced andthe necessity of the application.The second part discourses the main content of the under-compensation system.Writer starts this part from the legal basis of the different national road traffic accidentcompensation, and learns from foreign advanced legislative achievements andvaluable experience to perfect the system of compensation.The third part focuses on the damage of traffic accidents between motor vehicles’under-compensation principles in our country’s concrete construction. A perfectsystem, not only need to build from the legislation, more important is to have theconcrete and effective measures to assist. The author thinks, according to "hit theluxury car " case of incomplete compensation system to construct and insurance system so as to protect the lawful rights of parties with from the aspects of legislation,which also provides legal guarantee for the construction of a harmonious society.