Research On Some Problems Of Highway Traffic Accident Damage Compensation

With the development of highway transportation industry increasingly developed, The number of traffic accidents on expressway is rapidly rising, In all cases of the people's court in the treatment,Traffic accident tired case proportion also more and more, Treatment of the ordinary traffic accident cases is relatively simple, The law is perfect. But occurs in the highway traffic accident, the process is relatively complex, Particularly in relation to the highway management unit.The liability basis,the way responsibility,and the amount of compensation and other issues still exist many puzzles in judicial practice. This is not conducive to the protection of the rights of victims of traffic accidents,is not conducive to the accident the parties sharing to achieve a reasonable balance of responsibility. From the point of view of judicial practice, there is still a need for more in-depth and meticulous about this problem.Highway traffic accident compensation for damage, refers to the vehicle on the highway traffic accident closed region, causing property damage and loss of the spirit of human body, losses to others, the responsibility of compensation for the damage caused and so. Because the highway is a senior highways all closed, full control of access, have management unit of special maintenance and management in highway traffic accident, in the presence of pedestrians and non motorized vehicles and other obstacles, highway management unit should also share part of the responsibility of traffic accident, so as to seek to balance between highway management unit and vehicle accidents. Our existing legal provisions for the highway management unit should bear in the traffic accident responsibility is not clear, leading to different codefendant situation often appears in the judicial practice, also make the traffic accident parties, especially the highway management unit in the face of similar cases, still feel confused, unable to find the optimal solution. This paper mainly according to current highway traffic accident damage compensation legislation and judicial status, main existing dispute proposed deal damage of expressway traffic accidentcompensation cases in the process, and puts forward some proposals to solve these problems. The main structure of this paper consists of five parts:The first part is introduction. Mainly introduces the background and the research significance of this topic, as well as the domestic and foreign about the traffic accident damage compensate system research present situation.The second part mainly discusses the present condition of legislation system of compensation for damages in traffic accidents on Expressway, starting from ordinary traffic accident damage compensation system, analyzes its legislative evolution, legislative status, combined with the judicial practice, and points out that the system has some problems.The third part expounds the judicial status of compensation for traffic accident on expressway. Starting from the related to highway management unit of several typical types of cases, the focus of controversy in this case analysis of several types of damage, so as to summarize the highway traffic accident compensation cases are facing the problems in judicial practice.The fourth part mainly elaborated the related suggestions for improving expressway traffic accident damage compensation system.This part is the focus of this paper, mainly from the special analysis of expressway traffic accidents and causes to determine from the effectiveness of compensation subject, determine the scope of compensation and the amount and highway management unit to assume the responsibility of the relevant theoretical and legal basis,the traffic police department's "traffic accident certificate" identified recommendations problem etc..The fifth part is the conclusion. China should try to establish the "traffic accident report" judicial review system, the people's court into right traffic accident responsibility division; in the compensation standards, should be abolished as soon as possible the urban and rural difference standard standard.