The Application Of The Principle Of Negligence In The Compensation For Traffic Accident Damages

Negligence offset principle is currently used in many countries in an important principle in road traffic accident damage compensation,at the same time is also one of the important principles of modern civil law in our country.Negligence offset principle as a way to reduce harm party damage compensation liability,it's core is to adhere to the principle of fairness,reasonable allocation of each shall take the responsibility,effectively avoid because of the damage caused by the injured party himself onto harm party's account,to further promote the society to realize judicial justice.But despite the country's law has explicitly the negligence offset principle applies,relevant laws and regulations is not comprehensive,thus lead to the most of the time is not practical to apply the principle of fault offset,can't go to play its value.This article is divided into six chapters to negligence offset principle in the traffic accident damage compensation applicable conditions are analyzed and the research,from the typical case of knowledge and practice is insufficient place,respectively,for the lack of legislation and judicial application in our country at present existing in the insufficient place,combination of theory and practice to study the current traffic accident damages in the negligence offset principle of difficult problems in shall apply.The first chapter mainly studies the concept and composition of negligence offset principle,negligence offset and profit and loss balance,since the risk-taking,comparing the related system in our country,such as causality,negligence offset principle in "general principles of the civil law","road traffic accident treatment method","road traffic safety law" in the applicable legislation.The second chapter and the third chapter,first of all,by studying the combination of fault and cause more operation rules and risk of instituting bear rule in the traffic accident damage compensation for the status quo,pointed out the defect of the relevant provisions in the present legislation,analysis of typical cases,calculated the legislation should be applied in the fault and cause more operation rules and risk of instituting rules of combining the conclusion.The fourth chapter firstly studies the negligence offset principle applicable subject scope on the problems existing in the current regulations:not considering the responsibility of the victim and applicable scope is too narrow,the analysis of typical cases and research,obtained shall be subject to limit applicable negligence offset principle in the compensation for damages in this conclusion,and define the scope of the special subject specific provide special protection by means of the weak,the application of the injured party,will be the victim of type refining these three points to be implemented.The fifth chapter negligence offset principle in the damage compensation applicable standards are analyzed in detail,through studying the problems existing in the current regulations:the method of damage compensation,the standard is not refined,methods to apply the principle of negligence offset no clear rules,etc.,analyzed the typical cases,the need to establish negligence offset principle is obtained in this conclusion,damages the suitable standard specific rules of negligence offset by limiting the scope of compensation and negligence offset principle in the compensation for damages in the applicable standards elaboration.Sixth chapter mainly studied the traffic accident responsibility differentiates in damage compensation problem of applicable differentiates,first studied the traffic accident liability for damages in the suitable situation,and then put forward the trial of differentiates the effectiveness of the problem and the administrative liability and civil negligence not clear distinction between the two problems exist,should not be drawn to the traffic accident is the only judgment on the basis of this conclusion.