Research On Civil Compensation For Traffic Accident Crime

With the development of social economy,the number of civil compensation cases caused by traffic accident crime has increased.This kind of case has been collected on related websites,such as the website of China Judgment Online,the website of pkulaw.cn,It is found that the victims in the escape case are difficult to claim the compensation for the loss of the responsible person,the non legal main body for the death of the anonymous maintenance rights and interests,the specific scope of the compensation narrow and so on.This series of phenomena reflects our country’s insufficient protection for victims of traffic casualties.Therefore,it is necessary to conduct some research.Through the methods of literature induction,case study and comparative study,this paper analyzes the theory of civil compensation for traffic accident crime and the existing legal provisions,and points out the problems that need to be solved with the relevant cases collected,some of my perfect ideas are in the last part.The following is the specific content of the paper.The first part of this article is to explain about the basic theory of civil compensation for traffic accident crime.The concept and nature of the civil compensation for the crime of traffic accident are defined,and the main body of the exercise of the claim and the main body of the compensation obligation in the civil compensation legal relationship of the crime of traffic accident in China are analyzed.The second part elaborates the legal provisions of civil compensation for traffic accident crime.A general account of the general provisions and special provisions of civil compensation for traffic accident crime is given.The third part is about the problems and difficulties of civil compensation for traffic accident crime.Through the case of judicial practice in China,the existing problems are analyzed in detail,which are mainly shown in four aspects.They are difficult to safeguard the rights and interests of the victims after the accident and escaping;the protection of the rights and interests of the anonymous in the motor vehicle accident is insufficient;the scope of the compensation is narrow;the rights and interests of the victims can not be fully maintained and defects of the compulsory insurance system.The fourth part is how to improve the civil compensation system of traffic accident crime in China.From the four aspects of adjusting the trial mode of incidental civil litigation,making clear the subject of claim for damages of anonymous,expanding the scope of compensation for civil damage and perfect the compulsory insurance system,this paper puts forward improvement suggestions.