On The Legal Issues Of Road Traffic Accident Settlement

China's Ministry of public security under the Traffic Management Bureau in the recent statistics show that with the rapid growth of China's national income in the new period,the total number of people in China's motor vehicle is increasing year by year.Like a double-edged sword,both sides of motor vehicle in traffic and satisfy people's spiritual needs at the same time,it unfortunately caused many traffic accidents,there is no doubt that the number of high rates of traffic accidents brought huge losses to people's lives and property safety.How to make up for the loss of the body,the spirit and the property of the victim and his relatives,to reconcile the disputes between the perpetrators and the victims,and to maintain social stability has become the focus of the current traffic regulation.So,in the case of road traffic accidents,victims of civil compensation project identification and compensation amount determination,the perpetrators of the compensation capacity of motor vehicles in China and related compulsory third party liability insurance,usually is insurance company,a series of problems such as the payment limit has become the treatment of road traffic accident in quite prominent problems.Only this problem can be solved,the traffic accident victims to get larger compensation.China's "tort law","criminal law" and "on the personal injury compensation case applicable legal interpretation" and some problems,China's "tort law" in the provisions of the road traffic accident dependents living expenses,mental solatium,and on the use of a vehicle and all inconsistent when the law can provide powerful evidence for the court in a traffic accident in the judgment,is not able to provide comprehensive security interests to the victims.Due to the complexity of the legal relationship between the personal injury compensation cases of road traffic accidents and the improper legal provisions,it is necessary to analyze the problem.Wang Farong hopes to through the analysis of typical cases,combined with the relevant legal provisions of China's comprehensive analysis of thecontroversy involved in the case,to provide some reasonable suggestions to solve the sharing of the insurance company in a traffic accident and tort liability so as to give maximum protection to the traffic accident victim's interests.