Discussion On The Case Of Traffic Accident Damage Compensation Case

According to China's national bureau of statistics official website traffic accident total in2015 to 187781,the death toll from a total of 58022 people,injured 19880 people,2016 total to 212846,traffic accident deaths totaled 63093,were injured in 226430,three sets of data growth at the same time.Multiple traffic accidents,on the one hand,caused heavy losses to the lives and property of the people,and on the other hand,increased social contradictions.How to deal with the negative impact of traffic accidents and alleviate social contradictions should be deeply reflected and summarized.Traffic accident damage compensation cases of the parties confirm that has always been a difficult problem in judicial practice,how to accurately identified parties and parties to the children in such cases,the relief for the victims and maintaining social stability is of vital significance.Traffic accidents increase,complicated case,involving lawsuit personnel is much,the parties litigation take-on,litigation,the third person the exercise of right of subrogation,and many other circumstances,increased the court in the trial practice of eligibility determined by the parties,difficult in view of this,the author through to the general situation and the special circumstances traffic accident damage compensation cases children discussions,the parties put forward their own point of view,in order to ease social contradictions,is beneficial to the promotion of the smooth judicial procedure.The full text is divided into four parts:In the first part of the article,the author gives a brief introduction to the relevant concepts of procedural law and substantive law.On the parties and the eligibility of the parties to define this concept,has been clear about the two,determine the parties and children is the task of the different stages of litigation,the parties parties is established in the prosecution of the case of the plaintiff and the defendant,in the process of trial entity on the basis of litigious and v.certain is that the interests of the eligibility of the parties to the case.This is beneficial to the court to better grasp the case of the litigant,so that the referee is of substantial significance.This paper also introduces the concept,characteristics and significance of the case of traffic accident damage compensation case,so that readers can have a general understanding of the parties' problems in the case of traffic accident damages.In the second part,the author mainly discusses the theoretical basis of the party's fitnesssystem and the analysis of the eligibility system of the parties in my national law.The theoretical basis of eligibility system has experienced from the parties on the basis of the management of right of action to implement the theory to the litigant advantage theory based on the developing process,make it can be solved in the reality of a new type of lawsuit.And introduces the judgment criteria of eligibility,the parties make the judicial organ better able to distinguish who is the specific case of the eligibility of the parties,is helpful to improve the working efficiency of judicial organs,so as to avoid meaningless action,saving judicial resources.In the third part of the article,the author analyzes the suitable parties in the case of traffic accident damages in general and special cases,and discusses them in specific situations.This part of the parties to the expansion of eligibility,such as lawsuits,subrogation lawsuit,etc are discussed,and from the perspective of the right of subrogation,medical institutions can be as a party of children are discussed as well as the road traffic accident social assistance fund management organ in traffic accident should be what kind of legal position is more appropriate.The fourth part,from two aspects of theory and complete system recommending the eligibility is perfect,from one to know about this problem to master degree puts forward some Suggestions.