Research On Dispute Resolution Mechanism Of Road Traffic Accident Damage Compensation Under The Model Of Great Mediation

In recent years,due to the conflict between the number of traffic infrastructure construction and the increasing vehicle speed,resulting in the high number of traffic accidents,accident prone bring great loss of life and property,some losses for the parties involved in the accident and their families that is irreparable.But the accident of actual process cumbersome,involving the identification of responsibility,calculation,loss of the insurance claim,the victim of medical rescue and relief,and the actual compensation performance and so on,and the real link between each other is not smooth.On the one hand,the process of the accident treatment requires high professional level,need professionals to participate in and take up a lot of time;on the other hand,claim implementation often has urgency,coupled with the current handling of the accident according to the lack of uniformity,the Department of transportation for the cause of the accident liability The accident should bear the legal responsibility of the difference;accident claims also exist differences between urban and rural areas,leading to disputes in the process of the larger;at the same time,the existing remedies are scattered,the traffic department to deal with the accident due to personnel and energy constraints also rely mainly on administrative means;the parties self coordination disputes,lack of supervision and enforcement of common mediation;the model covers a wide range of limited extent in the field of attention,may exist for the pursuit of efficiency,take a relatively strong way to force the parties to reconciliation,and ignore the interests of the parties.The final part of the phenomenon of accident subsequent relief measures are not in place,resulting in a large number of disputes and litigation form to enter the court is currently seeking the ultimate protection.Our country is in the critical period of deepening reform and adjustment of the social structure,as the court to resolve social contradictions together The barrier,facing a hitherto unknown challenge and test.In the judicial system reform of the court case to solve the contradiction between large number and the actual lack of judicial resources is still in the running in period.Therefore,the urgent need for an efficient parallel model to solve disputes and litigation.In judicial practice,people gradually explore the mediation model.This model is an important exploration of China's harmonious dispute resolution mechanism,practice shows that it meets the values of historical traditions and people in China,in line with our pursuit of our method to maximize the interests of the parties to the idea,the development trend of the modern world is also in line with the way of dispute settlement mechanism.Since the model the implementation of our country in various fields,to resolve disputes effectively sharing.But its specific mode of operation is generally in the macro exploration around the state,no complete operation specification;The program initiated must also need to respect the wishes of the parties;the scope is too broad,no separate case also for professional design,refinement of management,the actual effect in the specialized field still need to be further explored.Due to traffic accident cases of multiple and professional and strong,difficult to perform compensation involved,timely payment of the most basic elements related to social stability and other characteristics,the use of the common way to solve is not necessarily appropriate.Although in mediation cases in practice,around the traffic accident measures,and achieved certain results,but in the long run will not peel such cases from the court.Therefore,in our existing mediation mode the good,the particularity and the combination of traffic accident cases around the attempt,and to the United States,Japan and other major countries in the case of the field of standardization,standardization of the experience for reference,set up in line with the I The traffic accident cases of dispute settlement mechanism needs the harmony of great significance.First,in the legislative and institutional level,the development of our country traffic accident cases of the type of dispute resolution,unified legal norms,provides a feasible basis for the accident of party harmony to resolve;secondly,to establish an independent professional organization,refining process of the classification of accident.Improve the specification clearly,accident treatment transparency and predictability,which is regarded as the foundation of harmonious dispute settlement;and the system combined with science and technology,the establishment of the traffic accident case database,the integration of traffic police,courts,insurance and resources appraisal agencies,traffic accident cases in the professional institutions under the guidance of the parties by accident self negotiation harmonious solution advantage.Finally,improve the follow-up compensation protection system,with public power relief combined with non-governmental organizations,improve the efficiency of subsequent accident relief and comfort.The traffic accident victims,reduce processing cost,solve the disputes in order to fully promote the harmonious and effective protection.In order to achieve the accident during the settlement of the parties and the relevant departments to participate in economic interests.To effectively alleviate the large program value not the case,the contradiction between the limited judicial resources occupation.In order to further expand the results of the reform of the judiciary,to promote judicial the service quality of power.