On The Liability Principle And Compensation Standard Of Damages For Motor Vehicle Traffic Accidents

In the modern society,motor vehicles have been widely used due to the acceleration of urbanization and continuous development of social economy,however,the occurrence of traffic accidents have been increased consequently by the increasing numbers of motor vehicles.The issueof damage compensation in motor vehicle traffic accident is one of thekey points in the Tort Liability Act.How to identify the infringement damage timely and accurately in motor vehicle traffic accidents and provide relief to the victims have become the focus in the legal profession practically andtheoretically.Based on the basic principles of civil law,this paper addresses itself to the important issues related to the liabilities to the damages compensationin motor vehicle traffic accident in practice,such as the principleof liability attribution and compensation standard,moreover,it puts forward some suggestions on improving the relevant system of damage compensation in the motor vehicle traffic.The wholepaper consists of six parts:The first part is the introduction.Being combined with the social background of subject and the current study status of subject at home and abroad,this paper points out the necessity of studying the liability system of damage compensation in the motor vehicle traffic accident and the significance of the subject,meanwhile it introduces the research methods and its innovative points.The second part is the first chapter: Overview of liability of damage compensation in the motor vehicle traffic accident.This paper describes the establishment of liability system of damage compensationand introduces the current situation of cases that related to thedamage compensation in the motor vehicle traffic accident,which is paving the way for the following content.The third part is the second chapter: the principle of liability attribution for damages caused by motor vehicle traffic accidents.From the perspective of legal theory,this paper further analyzes the principle of liability attribution for the damages in motor vehicle traffic accidents.The fourth part is the third chapter: the scope and standard of damage compensation in the motor vehicle traffic accidents in China.This paper introduces the scope and standards of damage compensation in the motor vehicle traffic accident in China,bycombining with the nature of compensation of disability&death andanalyzing the uniformity reform of the household registration system in the urban-rural area,this paper points out the existing legal issues by adopting the different standard for urban & rural citizens in the calculation of disability and death compensation.The fifth part is the fourth chapter: the perfection of damage compensation in the motor vehicle traffic accidents in China.Some suggestions on the principle of liability attribution,compensation standard of disability and death is givenbased on the current legal practice in China and the reasonable & justice principles.The sixth part is the conclusion.