Discussion On The Issues Related To The Damage Caused By Motor Vehicle

This thesis begins from a traffic accident case and focuses on six issues. The firstelaborates the compensation standards of compensation of disability for the injured ruralresidents who work in cities and towns while live in the rural area. This thesis holds that suchresidents should be compensated in according with per capita disposable income of urbanresidents through analysis from the perspective of making up for the victim’s actual loss ofincome, compensation purposes of the compensation for disability and the provision of thelocal judicial document. The second concerns the determination of nursing fee afterevaluating nursing dependence. This thesis holds that considering from the perspective ofinterest balance, when the identification institution fails to make clear identification opinionon the nursing period of the victim, it is inappropriate to determine the compensation asonce-for-all compensation according to the maximum nursing period; considering from theperspective that the self-care level of the persons requiring most nursing dependence isdifferent from that of the persons requiring full nursing dependence, the nursing fee of thepersons requiring most nursing dependence should be multiplied by the related coefficient.The third identifies the legal relationship between the motorcycle, truck A and truck B. Thispart holds that the three vehicles commit infringement by multiple doers without contactthrough analysis and comparison between the joint tort, joint dangerous act and theinfringement by multiple doers without contact. The fourth identifies the subject of liabilitiesfor compensation under the circumstance of being subordinated to the branch. This thesisholds that the affiliating and the affiliated should assume joint and several compensationliability from the perspective of operation control and operation benefit; and holds that thebranch should assume compensation liability and the company should assume supplementarycompensation liability when the branch fails to assume the compensation liability from theperspective of the capability of the branch for civil liability, the convenience of managementand the operability of enforcement.The fifth discusses the compensation by compulsoryinsurance in the motor vehicle traffic accident in the collusion by multiple motor vehicles.This thesis holds that from the analysis that the object of insurance is motor vehicle, thecompensation should be offered to the infringed according to the principle of one maximumamount of compulsory insurance against the accident by one motor vehicle; from the analysis that the limitation amount of each item in the compulsory insurance against the accident bymotor vehicle has different compensation purposes, the model of limitation compensation foreach item should be adopted; from the analysis of the equality of creditor’s rights, thelimitation amount from the compulsory insurance against the accident by motor vehicleshould be allocated to the multiple infringed according to the loss proportion. The sixthelaborates the dispute over whether the commercial insurance company in the case shouldcompensate the medical fee other than medical insurance expenses. This paper makeselaborations from the perspective of the interpretation of standard clauses, the specificexplanation obligation for exemption clause and holds that the commercial insurancecompany in the case should compensate the medical fee other than the medical insuranceexpenses.