Research On Liability For Damage Caused By Road Traffic Accidents

Road traffic damage compensation liability refers to the civil liability which should be undertaken by the owner or manages who damage to the person and property of others compensating for the loss suffered by the victims during the operation of motor vehicles in accordance with relevant laws and regulations. It is a tort liability, risk responsibility and the owner's responsibility, which is related to but be different from road traffic accidents liability. For its constitutive requirements, in addition to the general constitutive requirements of tort liability should be contented road vehicles, operation, traffic patterns and other specials elements also should be considered.The general principles of the Civil Law, the Tort Liability Law, Law on Road Traffic Safety all made road traffic imputation principle, subject, scope of responsibility and social sharing mechanism, for accident damage compensation liability, which also provide a good guarantee of legal system, a just settlement for road traffic accident damage compensation disputes, effective relief for victims rights and the construction of a harmonious society.However, the existing legislation is simple, there being much deficiencies as before. In Imputation principle, article 76 of the Law on Road Traffic Safety about "the reduction, exemption" is not specific. Conflict is existed in the statutes. Motor vehicle drivers is in the absence of fault who should only bear less than 10% of the compensation liability. About the main responsibility of motor vehicles, conform to the reality of our country has not been formed the main responsibility of motor vehicle liability subject title, and it is unable to meet with butt joint trial practice, and motor vehicle accident liability has not yet been set of general rules. In Scope of responsibility, there is no clear property damage compensation legislation principle, indirect damage is hard to compensate, and just calculation one-sided, the concept of spiritual damage is a lack of definition, and classification is confused etc. About social sharing mechanism, liability compulsory insurance system of the third party of motor vehicle, legal nature of insurance type is not accurate, with weak mandatory and single standard of the insurance liability limit. At the same time, legislative power of the social rescue fund system has been switched to, expanding channels to be rescue fund, lack of specific payment standard and particular uniformity in the management.According to the deficiencies in the existing legislation and the problems in the judicial practice in our country, we should perfect legislation in the future. Firstly, in imputation principle, we should properly increase relief and widen the scope of conditions, reducing the relevant judicial interpretations, quickly resolving conflicts law, increase proportion of damage compensation liability when motor vehicle unaccountability. As the main responsibility, it refers to road traffic accident damage compensation liability subject who is given priority to control run, "running interest" as the auxiliary pole delimit the range of motor vehicle insurance. In the scope of responsibility, we should clear the property damage compensation legislation principles, detailing indirect loss compensation rules, increasing the property damage compensation of subjective analysis ways, distinguishing between the personal damage compensation and spirit damage compensation, defining for spiritual harm, etc.. In social sharing mechanism, we should clear the legal nature the third party of motor vehicle liability compulsory insurance of the "compulsory insurance business", and the legal nature of compulsory liability insurance is compulsory insurance company in the business, which developing more insurance liability to limit the grade standards, changing the social rescue fund system of legislative power to sub-license, also expanding the source of road traffic accident social relief fund.