Research On Legal Application Of Property Damage Compensation In Road Traffic Accidents

With the development of the automobile industry and the improvement of national income, we has more and more cars, which brings the convenience of production and life, and the problem of traffic safety have becomed increasingly severe. The traffic accidents on road are more and more, and how to protect the interests of victims better, and how to be more fair and more timely to deal with these disputes, is an urgent problem in the civil law. Among the traffic accidents on road, a case could contain the damage for property rights and interests compensation, but the laws and regulations of our country are less at present. The laws we often use is <the interpretation on several issues concerning the application of law in the cases of road traffic damage and compensation> promulgated by the "Supreme People’s Court in September 2012, the civil law, the tort liability act, the road traffic safety law and other laws. The range of compensation for damage is defined in these laws, but it is so simple and general that is lack of maneuverability in practice. So there are still a lot of problems. But scholars and experts’ research is not very high on property damage compensation in our country, which will increase the difficulty to solve the disputes of road traffic undoubtedly. There is no unified conclusion at home and abroad on this problem, so this paper has great theoretical significance and practical significance. Facing the fact that the traffic accidents on road are more quantitative and diversification, the compensation about property needs proper theoretical support and detailed legislative basis. This paper will study a large number of cases, and combined with the foreign research results and theoretical sources, summary and analysis this controversy, and then comb out a solution that reflects substantial justice.The main content of the paper can be divided into four parts. The first part introduces the topic research background and significance mainly, and domestic and foreign road traffic accident compensation for property damage on the research status, mainly compensation, compensation scope and compensation calculation standard aspects of a situation, it also introduces the research method and innovation of this paper.The second part mainly introduces our country road traffic accident damage compensation and the definition of judicial applicable. First introduces the concept and characteristics of tort damages and road traffic accidents in China property damage compensation concept and types; secondly introduce the related legislation and judicial interpretation of the relevant provisions including the "tort liability law", is the Supreme People’s court in 2012 by the "road traffic accident damage compensate explanation" again; also, the "road traffic accident damages explanation" article fifteenth of the applicable conditions, and application of the problem, these problems mainly include the following aspects: damage compensation mode is not clear, the scope of compensation for damages, incomplete damage calculation standard is too general, the loss that the lack of rules and other issues.The third part is about the scope of property damage traffic accidents in China road damages, first introduced to determine the scope of tort compensation standard and the general standard of the scope of compensation, based on the causal relationship between the standard and the value of the loss and damage the interests of the scope is determined, some special problems involving the scope of compensation for damages for example, the depreciation loss loss, useless expenses and use the interrupt repeat compensation problem; secondly, the damage compensation, including the specific application of the general method and road traffic accidents in China property damage compensation.The fourth part is mainly introduced our country road traffic accidents and property damage compensation for the calculation of the specific matters of recognition and compensation amount, on compensation matters is how to identify, is introduced in detail for the repairs, replacement cost, outage losses and interruption loss identification etc., the calculation of damages should also consider the calculation of the standard, mainly including the calculation method and standard of the amount of compensation, compensation method with cost method, evaluation method, and at the discretion of the method, and calculation criteria include benchmark calculations and a reference ground, and in the calculation of the special problems.