Study On Compensation For Property Loss Of Road Traffic Accidents Between Motor Vehicles And Non-motor Vehicles And Pedestrians

In today's society,cars have entered thousands of households and become daily transportation tools for every household.At the same time,road traffic safety accidents have also proliferated.Traffic accidents between motor vehicles and non-motor vehicles and pedestrians have become an important part of traffic accidents in China.Since non-motorized drivers and pedestrians are in a weak position in road traffic accidents,how to protect the interests of the disadvantaged party without increasing the burden on the motor vehicle side is a question worth considering.Proper handling of compensation for property losses in road traffic accidents between motor vehicles and non-motor vehicles and pedestrians helps to balance the relationship between the two.Article 76 of China's Road Traffic Safety Law is an important legal basis for dealing with disputes over road traffic accidents.In this article,legislators do not distinguish between property losses and personal injuries in road traffic accidents between motor vehicles and non-motor vehicles and pedestrians.Instead,it stipulates that property loss adopts the principle of liability consistent with personal injury,and includes property loss within the scope of compulsory insurance and implements the principle of insurance priority when paying compensation.Little research has been done on whether the above legislative provisions are scientific or not.This paper reexamines the difference between property loss and personal injury.On the basis of examining the tort system of road traffic accidents in foreign countries and combining the actual situation of our country,it analyzes the disadvantages of the above-mentioned legislative provisions.Finally,it is concluded that different principles of liability should be applied according to the actor's tort ability,and property loss should be excluded from compulsory insurance.This paper is divided into four parts: The first chapter mainly describes the changes of the liability principle of tort liability for road traffic accidents,the background of the introduction of strong traffic insurance,and the individual's understanding of the principle of liability for tort liability in today's road traffic accidents,paving the way for the following discussion;The second chapter mainly examines the road traffic accident tort liability system of Germany,Japan and France,especially the principle of liability for road traffic accident infringement in these three countries.The third chapter mainly analyzes the disadvantages of the principle of liability for property loss and personal injury and the disadvantages of including property loss in compulsory insurance.;the fourth chapter puts forward suggestions for improving the compensation for property losses in road traffic accidents betweem motor vehicles and non-motor vehicles and pedestrian.For those who have the ability to identify,the principle of fault liability is applied,and for those who do not have the ability to identify,the principle of fault presumption is applied;property loss should be excluded from compulsory insurance.