The Study On Compensation For Spiritual Damages Of Motor Vehicle Trafifc Accident Liability

In recent years, the economic, social and legal system construction of our country hasmade great progress. On the one hand, the increasing car ownership in China makes the trafficaccidents occur frequently,motor vehicle traffic accident liability disputes influx of people’scourt; On the other hand, in governing the country according to law and strengthen citizen’spersonality right protection under the background of the development and perfection, the termmental injury has been deeply people mind, become a kind of legal concepts of familiar.Resulting from motor vehicle traffic accident to others the right to life, the right to health,body weight and physical damage or mental damage, make the victim loss or loss of mentalsuffering and spiritual interests, the infringer in addition to compensation for thecorresponding material loss, should also pay a certain amount of mental damages, therefore,mostly related to mental damage compensation of motor vehicle traffic accident liability. July1,2010formally implemented of the tort liability law article22defined for personal rightsand interests serious mental damage caused by the infringement, may request compensationfor mental damage. Mental damage compensation system for the first time get formalregulations on civil basic law. Through case bank how net legal knowledge resource pool inChina, the legal information net of Peking University, Chinese court net effect to collectonline written judgment method, in recent years involving mental damages of motor vehicletraffic accident of647typical one, the second instance of civil judgment samples are collected,found in practice about motor vehicle traffic accident compensation for mental damage ismore, for example, the applicable law, the legitimate rights and interests of the parties can notget effective protection, the amount of damages and determination and difficult to determinedifferences too big, and so on, the existence of these problems makes it necessary to in-depthstudy and discussion about the system, make it clear, better implementation method of thevalue and function. In this paper, the spirit of motor vehicle traffic accident damages,imputation principle, the concept of responsibility and difficulty existing in the practice ofinduction and summary, and to a certain extent, draw lessons from the related system and thereference of foreign experience, in order to our country legal system of compensation formental injury of motor vehicle traffic accident puts forward related Suggestions.This article is divided into five parts. The first part of the meaning of motor vehicle traffic accident compensation for mental damage, expounds the problems of application ofimputation principle and analyzes the elements of responsibility. The second part of motorvehicle traffic accident compensation for mental damage of our country legal relationship inexercise of the right to claim compensation for the main body and the body of the obligationof compensation for a specific analysis. The third part analyzed from the aspects of legislationand judicial practice in our country motor vehicle traffic accident compensation for mentaldamage problems and difficulties, mainly embodied in five aspects, respectively is the narrowscope of compensation for mental injury, low compensation; Without a unified compensationstandard, compensation is difficult to determine; Traffic accident crime also constitutes tortliability and criminal liability and administrative responsibility, can get the support ofcompensation for mental injury conflicts; Compensation for death, disability compensationand spiritual damages of property vague; Traffic accident mental injury insurance penetrationis low, low limit. The fourth part on the outside part of the country and region is mainly inGermany, the United States, Japan and Taiwan, the concept of compensation for mental injury,scope of application, the determination of the amount of compensation for mental injuryinvolved in traffic accidents, such as legislation, system is introduced, in order to learn fromthem and reference to conform to our country present stage social development period of theinstitution of compensation for mental injury accidents. The fifth part is how to perfect thesystem of compensation for mental injury in motor vehicle traffic accident, from the legalsystem, principles and considerations in such aspects as insurance system, perfecting the waysand matching idea is put forward.Method in this paper the process including case history analysis, comparative analysis,empirical analysis and sociological analysis method.