Research On Compensability Of Vehicle Devaluation Loss In Traffic Accidents

The compensation for devaluation loss of vehicles in traffic accidents has always been a controversial issue in judicial practice.At present,there is no consensus on this issue between judicial practice and legal theorists,and there are various views on the nature of vehicle depreciation loss in academic circles,and the court's judgment on vehicle devaluation loss is also different in practice.This paper will discuss the meaning of vehicle devaluation loss,use the causality of tort law to refute different viewpoints,demonstrate the legitimacy and feasibility of compensating vehicle devaluation loss in traffic accidents,and combine theory and practice.in order to improve the vehicle devaluation loss compensation system to put forward their own suggestions.The purpose of this paper is to improve the compensation system for vehicle depreciation loss in traffic accidents.First of all,it clarifies the concept and connotation of vehicle depreciation loss,recognizes the connotation of vehicle depreciation loss through various theories,and accurately defines the meaning of vehicle depreciation loss and vehicle depreciation loss in traffic accidents.Then sort out the different views on the loss of vehicle devaluation in the field of civil law,use the two-level investigation and analysis of causality by tort law,and draw the point of view of this paper,that is,the loss of vehicle devaluation belongs to the objective property loss of the victim.it includes both direct loss and indirect loss.On the basis of the factual causality between the tort and the result of damage(vehicle depreciation loss),this paper further demonstrates the legal causality between them.Combining the judicial cases inside and outside the domain with the principle of full compensation,the principle of fairness and the theory of normative purpose,and through a questionnaire survey of 36 car owners,it is concluded that the compensationfor vehicle devaluation loss is legitimate in law and feasible in judicial practice.Secondly,it focuses on the factors that should be considered to compensate for the devaluation loss of vehicles,and then discusses that the depreciation loss of vehicles can be dispersed through commercial insurance,and based on the current social and economic development and people's deeper understanding of the value of vehicles,it is enough to expand the underwriting market for depreciation losses.Finally,combined with laws,regulations and interpretation,this paper puts forward the analysis of the method of calculating the compensation for vehicle depreciation loss,and gives some referential suggestions for judicial practice on the acceptance standard and procedure of appraisal and evaluation,so as to continuously improve the compensation system for vehicle devaluation loss.