Private Settlement After Traffic Accident:Type Und Problem-resolving Mode

Along with the development of transportation,accidents occur frequently and road collisions have been a commonplace.More and more people tend to choose private settlement spontaneously in order to save manpower and material resources.Chinese courts always hold different views on “private settlement” made by parties involved,which results in the contingency of judgment.In order to clarify doubts,the paper intends to propose a more appropriate solution for the representation after traffic accidents.The ideological process of this paper focuses on the realization process of above goals,and is oriented by following questions as clues.It mainly includes the main way for courts to deal with such kind of “representation after traffic accidents”(private settlement)in the judicial practice;how Chinese current law and theories support above handling mode;what role the explanation will play in association between theories and practice;which way the above problems will be solved by means of German law;similarities of German theories and juridical practice compared with that of Chinese,namely how to seek and learn from German law to cope with the Chinese hotbed of similar problems;how to make German debt acknowledgement system correspond to Chinese current law and theories so as to avoid non-acclimatization after transplanting;In Chinese legal system,how to improve such kind of “borrowed” theories,which means how to form a problem-resolving mechanism with Chinese characteristics.Correspondingly,the paper centers on the following structures.The first part makes an overview of Chinese judicial actuality,current legal provisions and the corresponding theoretical support,and points out shortcomings.The second part reviews the debt acknowledgement system,an essential theory in Germany to deal with similar cases.In the third part,the author compares similarities of issues in China and Germany,and further makes the settlement mechanism of German law for similar issues adapt to the current situation of Chinese judicial and legislation.On the basis of the reference,it is proposed to form a problem-resolving mode full of Chinese Characteristics.The fourth part deals with individual puzzling problems.