Problems Of The Trial Of Cases On Compensation For Damages In Road Traffic Accident

With the rapid development in our country increases year after year of the recoverable amount of the automobile and the electric bicycle industry, the number of road accidents showing a rapid growth trend, the problem of road traffic safety is a common concern of various circles of society. This paper takes the case of compensation of road traffic accident damage Qiaodong District of Xingtai city as an example, aiming at the difficult problems in judicial practice are analyzed and discussed, including: the distinction between the town city in the compensation of identified problems about the legal attribute of electric bicycle, the subject of liability to pay compensation and damage compensation problem in rural residents in the problem, the mental damage and devaluation loss.The first part, combined with the specific circumstances of Xingtai City Qiaodong District People’s court cases of road traffic accident damage compensate accepted, summarized and summarized the characteristics and difficulties of such cases. The characteristics of the road traffic accident damage compensation cases include: rapid growth in the number of cases, the subject of litigation of complex and diverse, served with more prominent problems, mediation ratio is not high, the overall trial period is too long, difficulties include: the amount of compensation for the legal attribute of electric bicycle needs further to be clear, the compensation liability subject is difficult to determine, the victim not easy to calculate.The second part of "electric bicycle" concept and the development situation of China’s electric bicycle to carry on the elaboration, pointed out our country the legal definition of the deficiencies in the electric bicycle law attribute, that should break through the traditional way to drive the vehicle type as the division standard of "the dichotomy method", the legal attribute of electric bicycle is defined as third types, namely "quasi non motor vehicles", again on this foundation to determine the electric bicycle in the traffic accident actually apply what imputation principle should be. At the same time, compared with foreign legislation, put forward the building of electric bicycle management system proposal shall register system to strengthen management at the source, the electric bicycle electric bicycle drivers to determine the age range, the implementation of the provisions of the insurance system of electric bicycle and electric bicycle in the system of electric vehicle management system in the future.The third part, in view of the special situation in judicial practice is not easy to determine the main responsibility for several road traffic accident damages are analyzed.The fourth part carries on the discussion to the court, difficulties in the identification of road traffic accident victims will get the amount of damages in the course of. In the rural residents and urban residents to separate problem, think in the review found that the domicile to the standards of urban residents can calculate the amount of compensation in traffic accident victims in rural areas, not only by the single evidence to simple determination, the parties concerned to provide the habitual residence is the main source of income for urban and town evidence need to be mutually complementary and indispensable. The issue of compensation for mental injury solatium in, that can determine the amount of compensation, by three methods namely: compensate maximum limit method, grading compensation law, with reference to case law. In the vehicle devaluation loss compensation issues, the parties can obtain judgment vehicle depreciation loss compensation, to see whether the vehicle is in the appearance of the vehicle performance and maintenance have been and the impact effect has reached a certain degree, all argue that vehicle transaction value loss, depends on whether there is a real vehicle transactions, also pointed out that in the the trial of the case of vehicle depreciation in the process of loss compensation shall strictly be controlled.