Practical Predicament And Outlet Of Road Traffic Accident Treatment

With the rapid progress and development of China's economy and society,transportation has played an increasingly important role.While bringing convenience to people's life and transportation and vitality to economic development and social progress,frequent road traffic accidents follow.The prevention of traffic accidents,pressure drop and processing has always been a hotspot in the research of the theory of social concern and problem,after years of accident treatment experience,the evolution of the traffic legislation and theory research,absorbing,our country has gradually formed a set of the traffic accident prevention and treatment with Chinese characteristics and the basic mode and the system to resolve disputes,especially dominated by public security traffic police department of road traffic accident treatment and responsibility identification mechanism,in the maintenance and service of social and economic development,has made certain contribution to protect the safety of the traffic,but also there are still some disadvantages."Road traffic safety law" the 76 th of the distribution of the civil compensation responsibility with the road traffic compulsory insurance regulations,is the current road traffic accident treatment,the basic framework and the core in the process of practice also issued a lot of contradictions and difficulties,such as accident responsibility and liability to pay compensation of fracture,the contradictions between different traffic places,shortage of compulsory liability insurance and give the traffic police has its own discretion.By comparing the extraterritorial legal system,the author analyzes the reasons for the above problems,which are the relative disconnection between China's traffic legislation and the basic national conditions and social life,which is manifested in the unreasonable classification of liability based on traffic mode and the discomfort of strict liability applied to motor vehicles.Therefore,how to correctly interpret and reconstruct article 76 has an extremely important guiding significance for improving the construction of road traffic accident handling and dispute resolution mechanism.It is suggested that fault liability should be uniformly applied in the field of road traffic,the victim protection mechanism should be perfected,unified standards should be introduced,and traffic accident prevention and handling should be integrated.