Several Reseacrh Questions Infringement Motor Vehicle Road Accident

In recent years, as China entered the automobile age, road traffic accidentdamages in civil cases, the number of cases has become the fastest growing and mostcomplex legal relationships, handle difficult types of civil cases. Road traffic accidentcompensation cases only one type of infringement cases, but it involves the "TortLiability Act" in the vast majority of issues, such as how to determine damages thebody; different attribution basis, how to accurately determine the corresponding mainresponsibility; how in both security and freedom of action dubbed premise reasonablydetermine the type and extent of the loss; and how to achieve "tort Liability Act"damages function, while public law through judicial means to achieve the purpose ofthe legal system in order to ensure the unity and coordination and so on. Applicable atthis stage "Road Traffic Safety Law,""Tort Liability Act" and December21,2012implementation of the "Supreme Court to hear the case of road traffic accidentdamages applicable to a number of issues of interpretation" and other relevant judicialinterpretation although road traffic accident damages the body has done a moredetailed identification requirement, but the problem still exists on the legislativetechnical level. According to the status of the author, using the comparative method,combined with relevant experience gained in judicial practice draw conclusions andpropose superficial legal advice. The full text is divided into five parts; the first partintroduces the concept and the legislative history of the field of motor vehicleaccidents and road traffic infringements. The second part reviews the main roadtraffic accident damages several more special circumstances. The third part throughthe use of comparative law and legislation of other countries for analysis anddiscussion of responsibility principle, reflection and criticism of Road TrafficAccident Compensation Principle and the real case for further theoretical research.Part V made a number of recommendations to improve the theoretical analysiscombined with previously existing problems as well as China.From the perspective of tort, motor vehicle road traffic accidents infringement means the parties in violation of road traffic safety laws and regulations, orunexpected event based, resulting in traffic accidents in traffic, thus creating a relativeof casualties or property damage. The first part of this paper road vehicle accident tortliability for damages the body is divided into four questions above, first, the case of amotor vehicle without driving others damages the main problem; the second case ofan incomplete vehicle ownership the main issue of damages; damages the body third,anchored circumstances under question; fourth, the owner free of charge invitation orpermission to take the car ride damages human kindness with the main issues under.The second part of this article, the author through foreign comparative approach tomotor vehicle road accident responsibility principle infringement elaborate. In thefirst part of the molecule mother, the author of this evolution and Commentary on thefirst national responsibility principle, the paper selects Japan, France and othercountries in sub-state. In the second part focuses on the principle of imputation stage.Principles of clear rules in contrast. The third sub-central part of this argument is thatthe motor vehicle road traffic accident damages infringement. In the third part of thediscussion, the author first clear concepts and criteria damage compensation, then thesecond question focuses on small issues of damages and negative for our judicialpractice mental solatium questions chaos the compensation for moral damagessolatium be described as the third small problem. In the final section of this article,the author of previous results and their thinking is proposed to improve our system ofroad traffic accident damages countermeasures and suggestions, generally dividedinto: improving the legislative system to address the legislative and enforcementconflict; in purpose and principles of the legislation to establish the concept ofpeople-oriented legislation; improvement of compulsory traffic accident liabilityinsurance; establish and improve four areas related mechanisms. I sought some issuesthrough discussion and analysis section of this paper on China’s four vehicle roadaccident infringement encountered in the judicial practice to be clear.