Research On The Compensation Of Depreciation Loss Of Traffic Accident-type Vehicles

In 2012,when The Supreme People’s Court of the People’s Republic of China(hereinafter referred to as The Supreme People’s Court)drafted the Interpretation of Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases,there was a heated discussion on whether “vehicle depreciation loss” should be compensated,but it was not included on the grounds that the time was not ripe and there were no objective conditions to support the loss.With the continuous improvement of the parties’ awareness of safeguarding their rights,the claims of the injured party for compensation for the depreciation loss of traffic accident-type vehicles(hereinafter referred to as accident-type vehicle depreciation)are increasing,but there is no direct and clear law to regulate it in China at present.There are obvious disputes in the academic circles and judicial practice on the issue of the remedy of such losses.In order to better balance the legal interests of both parties in the dispute,it will be the general trend to bring the compensation for the depreciation loss of traffic accident vehicles into the legal system of damage compensation in China.This paper mainly focuses on the following contents of the accidental vehicle derogation compensation:Firstly,in the introduction part,it expounds the significance of studying the compensation of depreciation loss of traffic accident-type vehicles in the current judicial background,at the same time,it summarizes the relevant materials and their main contents about the subject of compensation for vehicle depreciation loss at home and abroad,and explains the scope of the main research in this paper,it also expounds main methods used in the writing process.The second part starts with the concept of vehicle depreciation in traffic accidents,which is one of the typical types of vehicle depreciation losses,the other two types under the scope of depreciation loss of vehicles also include depreciation of naturally depreciated vehicles and depreciation of upgraded vehicles,and the distinction between external items is first made in the definition of the scope of depreciation of accident vehicles,this paper mainly analyzes the differences and connections between the two types of compensation items for traffic accidents,that is,depreciation and repair costs,and replacement vehicle costs,in addition,this type of depreciation can be divided into two types: use value reduction and transaction value reduction.The third part is the empirical analysis of vehicle depreciation in traffic accidents,first of all,347 judgments in 2020 and 2021,the statistics are sorted out from three aspects: the judgment position in the judgment,the reasons for supporting or not supporting the compensation,and the specific amount of compensation awarded when supporting the compensation,this paper puts forward three key problems in the current traffic accident vehicle depreciation compensation: the inconsistency of the compensation position and the inconsistency of the compensation situation,the issue of the inconsistency of the specific amount of compensation awarded.In the fourth part,following the problems raised in the third part of the article,the emphasis is put on demonstrating the compensability of the depreciation of traffic accident vehicles,first of all,the current existence of non-sale compensation,compensation will be beneficial to the existence of two negative compensation point of view refuted,secondly,the justification of compensation should be demonstrated from the aspects of the objectivity of the type of devaluation itself,the expectation of the infringed on the interests of compensation,the legislative aim and the legal basis of compensation,once again,the feasibility of obtaining compensation for the depreciation of traffic accident-type vehicles is analyzed,it is demonstrated from the realistic basis of the existence of compensation for the depreciation of traffic accident vehicles,the support of the mature appraisal and assessment technology,and the indirect legal basis for the compensation in the Civil Code.The fifth part is based on the previous empirical analysis and theoretical research,solves the core issues raised in the third part of the Article One by one,firstly,it is suggested that traffic accident-type vehicles should be listed as a legal compensation item with the same legal status as maintenance cost Secondly,the paper suggests that the consideration factors of compensation should be determined from the old and new degree,damage degree and self-value of the accident vehicles,and then limit the scope of compensation to support the depreciation of the accident vehicles Once again,on the basis of drawing lessons from the personal injury classification and damage determination system,and referring to the scheme of extra-territorial calculation formula,it is proposed to adjust the role of China’s appraisal and assessment in supporting the issue of depreciation compensation for traffic accident-type vehicles,in order to protect the legitimate property rights and interests of the victims of traffic accidents,a unified calculation model in line with China’s judicial practice should be set up.