Research On Motor Vehicle Traffic Accident Tort Liability

The development of motor vehicles has indeed brought convenience to people,but some unpredictable problems such as increasingly frequent traffic accidents have also occurred,and there have been countless losses of people and property.Most countries have begun to focus on the relevant systems of liability for such infringement.For example,the principle of liability for tort liability,the subject of liability,the scope of compensation,and supporting systems such as compulsory liability insurance and temporary insurance payments.After a long process of development,it has gradually improved.Our country should learn from the advanced experience of foreign countries,such as the excellent experience of Germany and Japan in civil law countries,in order to improve China's motor vehicle traffic accident liability system.The article consists of the following four parts:The first part gives an overview of related theories,and analyzes the connotation,constituent elements,and liability principles.First of all,it analyzes the concept,elements and characteristics of the content and distinguishes it from other tort liability types.Secondly,it analyzes the constitutive elements of the tort liability,and it is different from the constitutional elements of the general tort liability.Finally,we focused on the principle of attribution.Due to the special nature of the tort liability party,it is different from other types of tort liability.At present,China's principle of imputation has multiple levels and multiple levels.Divided into two major categories,one is the principle of no-fault liability,such as the principle of liability for early compensation by insurance companies and advances by the management agency of social assistance funds.The other is the principle of responsibility for fault liability,which also includes the principle of presumption of fault.This article mainly analyzes what kind of liability principles should be applicable to each subject and several different viewpoints held by the theoretical circles.It also indicates the viewpoints held in this paper and makes a brief discussion on this basis.The second part mainly compares the relevant foreign regulations on liability for infringement of motor vehicle traffic accidents and concludes which regulations are worth our country's reference.Through the review of civil law countries,mainly Germany and Japan,regarding the provisions on liability for such infringement,focusing on the principle of liability for tort liability,the subject,the extent of damages,the liability insurance system,and the temporary insurance system.The experience was combed and summed up the relevant provisions worth learning for our country.To solve the problems existing in this type of tort liability system later,to seek foreign legislative experience.The third part mainly focuses on the problems existing in this type of tort liability system.There are the following five aspects: First,the legal provisions of the subject of liability are not clear.Although the “Interpretation of Road Traffic Accident Damages” has listed some of the tort liability subjects,in recent years the subjects that often appear in practice have not been enumerated.In judicial practice,there are still cases where it is found that the subject of liability is not uniform.Second,the standards and scope of damages are unreasonable.Personal and property damage compensation has been the main scope of compensation for the tort liability system,but the specific standards and scope are still inadequacies.Spiritual damages have not been stipulated,and there is still a problem with the scope of compensation when competing with work-related injuries.Need to be solved.Third,the current compulsory insurance system is not perfect.Since the implementation of the compulsory traffic insurance system,there have been many problems,although the victims can receive compensation through insurance compensation.However,under normal circumstances,insurance companies and the perpetrators or policyholders push each other in order to avoid damage to their own interests,thus causing losses to the rights and interests of victims.Therefore,it is particularly important to point out the problems that arise in the compulsory insurance system.Fourth,the social assistance fund system is not perfect.Unlike the compulsory insurance system,social assistance fund system belongs to social relief.Although the purpose is still to protect the victim's interests when the compulsory insurance fails to work in time,the degree of application is still limited in the process of practice.By pointing out the problems that currently exist,this system can be better implemented.Fifth,legislation on damage compensation for motor vehicle traffic accidents is not systematic.At present,China has relatively more relevant legislation,but it is more fragmented and does not have uniform legislation.The fourth part is to put forward suggestions for perfecting the system in the third part of the article.From the clearly defined rules for determining the subject of compensation,to determine reasonable compensation standards and scope,to improve the current compulsory traffic insurance system,to improve the system of social assistance funds,and to establish a unified compensation law for motor vehicle traffic accidents,to make recommendations in five areas,to build special conditions in line with China's national conditions.Motor Vehicle Traffic Accident Infringement Liability System.The author explains the theory of tort liability system of motor vehicle traffic accidents,the foreign research,the analysis of the problems and the improvement of the recommendations through four parts.Both the theoretical analysis and the experience of foreign countries draw lessons from the experience of the judicial practice and comprehensively analyze several aspects,and truly establish a set of damage compensation system for motor vehicle traffic accidents with complete structure and Chinese characteristics.