A Study On The Relief Of The Victims In Motor Traffic Accident

Since reform and opening up, with the increase of national economy, the average retain number of automobile in our country increased rapidly. At the same time, the casualties caused by motor traffic accidents also grew rapidly. Our nation tops the list in the number of motor traffic fatalities. Our country's relief is being improved and has formed three module, which includes system of tort compensation, compulsory motor vehicle liability insurance system and social assistance funds for road traffic accidents. In addition, in the field of motor traffic accidents, our country gradually form a multivariate and systematical relief mode for the victims. However, the responsibility principle in system of tort compensation for motor vehicle traffic are controversial, and the criterion to judge who will be the liability subject is ambiguous. There are some deficiencies in compulsory motor vehicle liability insurance system, for example, the victims scope is too narrow, victim's direct request right is not given, the provisions of the limits of liability is unreasonable and so on. As for the social assistance funds for road traffic accidents, its coverage is narrow, and its capital source is extremely limited, and besides, it is difficult to apply when somebody really need. In the meantime, the above mentioned three systems not only lack of effective communication, but also could not work smoothly each other. Therefore, base on the improvement of this three main relief systems, after comparing several running modes of multivariate relief mechanism, we find that it's the best way to adopt an alternative and unofficial "parallel model", it's also make for protect victims most effectively. In the end, we offer a preliminary assumption for multivariate relief mechanism, so that it can work effectively.