Study On The Compensation For Indirect Loss Of Traffic Accident Case

As an important part of the compensation for infringement,the compensation for indirect losses is to ensure that the victim's damage can be fully compensated and the fairness and justice of the law can be upheld.With the development of the economy,automobiles are becoming more and more popular.The problem of compensation for indirect losses in traffic accident cases has become a topic that cannot be undone,and mature theoretical guidance is urgently needed.The consequential losses in traffic accidents include operating loss,disability compensation,death compensation,maintenance payments,and loss of working time.Although many well-known legal workers believe that most of the indirect losses caused by infringement of personal rights are stipulated by law and have no research value,they will focus more on infringement of indirect losses caused by property rights.However,they have precisely ignored the explicit provisions.For example,compensation standards for disability compensation and death compensation are based on the per capita disposable income of urban residents or per capita net income of rural residents in the previous year,resulting in huge disparities in disability compensation and death compensation between urban and rural populations.Life is the same as price theory.But the theory of "same life with the same price" has its fatal flaw: that life is valuable.This is a misunderstanding of the nature of disability compensation and death compensation.Disability compensation and death compensation are not compensation for physical health and life,but compensation for the victim's ability to work and future expected income reduction,so the current The calculation standards and calculation methods are unreasonable.From a worldwide point of view,indirect losses should be compensated in a common mode,and they have unique provisions on how to compensate countries.For example,the United States limits losses through factual and legal reasons,and the defined losses should be compensated.Under the current judicial environment,China's right to limit the amount of discretion of judges,strengthen the supervision and management of judicial appraisal agencies,and eliminate duplicate indirect loss compensation projects are reasonable measures to solve indirect loss compensation in traffic accident cases.