Research On The Liability Of Damages Compensation For Traffic Accident

As a kind of special liability of tort,the development of traffic accident compensation liability evolves from a single fault liability to a fault presumption liability,until it becomes the plural system without fault liability.In this process,many legal ideas have changed,of which the evolution of tort law function is particularly prominent.As a civil law legal liability,tort liability is not only a tool for the government to regulate,but also a way for citizens to realize their rights and to relieve their rights,and ultimately,an important measure to prevent damage,share losses and restore the original state.This paper mainly uses the method of comparative analysis to analysis the other developed countries about the remedy of traffic accident and the related responsibility system,referring to relevant theories and practice methods abroad on the analysis of the responsibility system of compensation for damage in traffic accident in China.First of all,the article analyzes the basic concepts of traffic accident compensation liability,the principle of liability fixation,the main body of responsibility,especially the principle and scope of compensation,and then the paper deeply interprets the liability system of traffic accident damage compensation in china.After that,some suggestions on how to improve the liability for traffic accident damage in China are put forward,and in the view of judicial practice of the settlement of practical cases,I put forward my own opinion.Based on the increasingly prominent contradiction in the induction of our social life and judicial practice in the unfair and unreasonable,the article tries to put forward the theoretical hypothesis and establishes the responsibility of compensation for traffic accident damage which is unified with other countries in the world,at the same time with the national conditions in China.