A Study Of Improving The Automobiie Traffic Accident Liability Insurance System From The Perspective Of Infringement Liability Principle

Traffic accidents that occur due to the use of motor vehicles has become a worldwide public nuisance, since the vehicle appeared to date,3200people have been killed in road traffic accidents, the death toll close of World War II, with a tiger to describe traffic accident not too serious accident. On the one hand we need to be more rapid, and convenient transportation vehicles, the other is to prevent traffic accidents may lead to high-speed, this is a dilemma of choice. Although the vehicle to mankind tremendous risk and disaster, but we can not unworthy, how to maximize the effectiveness of the vehicle in the transport sector, to serve economic construction, while taking effective means efforts to reduce the negative effects caused by traffic accidents, is a common problem facing human society.From the perspective of the overall design principles wipe test vehicle damage compensation system, is nothing more than to fill the two functions of loss and disaster prevention considerations. Therefore, this article from the responsibility principle and third party liability insurance as a breakthrough, the defects and shortcomings that exist in the current legal system, put forward their own ideas to solve in order for the rule of law in our country since the beginning of man to make a legal duty.This paper is divided into four parts, the text of about30,000words.The first part of the motor vehicle accidents from damages to explore the system analyzes Tort Law Liability Principle, historical evolution and comparative law from the perspective of the UK, USA, France, Germany, Japan and other countries, traffic accidents responsibility principle, based on the analysis of China’s current system of accident responsibility principle, content and shortcomings.The second part is a comparative analysis of the different imputation principles, including the fault liability, no-fault liability concept, features, applicable results, etc. are introduced, and the use of game theory static game model vehicle without liability, fault liability, no-fault liability, the possibility of presumption of fault-fault liability under several cases of limited liability and accident and personal and social damage caused by the loss of theoretical analysis and systematic analysis of the advantages and disadvantages of the various modes.The third part is an overview of a traffic accident motor vehicle third party liability insurance. The main content is to study the system of third party liability insurance of motor vehicles accidents, in particular motor vehicle accident liability insurance system. Establishment of a modern system of vehicle damages liability compulsory insurance system is inseparable from strong support, some of the issues surrounding the existence of strong insurance contract.The fourth part is constructed of a traffic accident injury damages system theoretical system. This section includes two elements, one to establish a theoretical framework for multivariate imputation system should implement the principle of fault liability between parcels of motor vehicles, motor vehicles and pedestrians, non-motorized party should implement the principle of presumption of fault, non-motorized vehicles and pedestrians fault principle should be implemented between issues such as the theory expounded. Second, third party liability insurance for motor vehicles of the problems offers some advice.