A Study Of Application And Perfection Of The Principle Of Negligence Offset In The Damage Compensation Of Road Traffic Accident

At present,the research about the concept and origin of the principle of negligence offset are countless in our country.However,the practical application of the principle in the compensation of road traffic accident is scattered and disunity.The object of this paper is non-motor vehicle drivers and pedestrians in road traffic accidents.It is intended to draw a conclusion as whether the negligence principle should be applied and how to applied when non-motor vehicle drivers and pedestrians have subjective negligence.The first part of the text is a brief discussion of the elements of the negligence offset principle.Through analysis of the theories of constituent elements and the theoretical differences among different scholars,we can get an important concept,that is negligence offset ability.This part can lay a groundwork for the application of the principle of negligence offset in the following part.The second part of the text is mainly talk about the main problems in the application of the principle of negligence offset in the current cases of compensation for road traffic accidents in China,from the several aspects of application of the principles and scope of the principle of protection of minors and the proportion of responsibility.After the above discussion,we can get the current laws and regulations in the case of the victims of non-motor vehicle drivers,pedestrians in road traffic accidents,the courts are still in accordance with the standard between motor vehicle traffic accidents to identify and share responsibilities.When the victim is a non-motor vehicle driver or a pedestrian,the court applies the negligence offset can not take into account the danger burden of the superiority of the motor vehicle driver.When the victim is a minor,the court can not consider whether it has the corresponding fault negligence.At the same time,when the court determining the responsibility of both parties in an accident,they will basically use the certificate of traffic accident made by traffic police department.So the judge's status would be replaced by the traffic police.This phenomenon is an unavoidable topic whether now or in the future.The drawbacks for the above problem and the countermeasure will be discussed in final parts.At the end of the text,the author summarizes the whole paper and gives some suggestions on the current situation of negligence offset in China.