| Traffic accident tort compensation is the most important remedy for victims,so a humanized compensation system and adequate compensation are the basis for reducing victims’ losses.However,there are many deficiencies in my country’s traffic accident compensation system.Many of the original models and regulations are no longer suitable for my country’s current economic development level and the actual needs of the people.Especially when it comes to damages that are not clearly stipulated or very general in my country’s current laws and regulations When making compensation,judges in different places have disagreements in their judgments,which cannot well meet the needs of actual trial cases,and there are more and more disputes brought about by the uncertainty of compensation standards for traffic accidents.And traffic accident compensation has its particularity,practice and complexity,which is mainly reflected in the three different aspects of traffic accident compensation involving insurance,property and personal life.This paper mainly analyzes the frontier judicial difficult issues in these three aspects,so as to expect Hope to promote the understanding of traffic accident compensation and the progress of the law.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is an overview of traffic accident compensation.On the basis of clarifying the concept of traffic accident compensation,it provides general theoretical support for the three difficult problems in this paper;my country’s current sub-compensation system has practical problems such as insufficient compensation and too rigid sub-item mode.For this,it is necessary to get rid of the single accident mode and gradually change to the single victim mode,so that the victims can get more actual compensation.According to the actual needs of the people,the sub-item limit is increased,and the combined calculation of the maximum limit is allowed,which is not limited to a certain item;the third part is the difficulty of property compensation for traffic accidents: the problem of vehicle depreciation compensation in my country.The issue of compensation for depreciated value of vehicles in my country has not been paid much attention at present.Judicial organs often ignore the loss of the market value of the vehicle itself,but this kind of loss is not a small amount,so it should be paid more attention and unified in legislation.Respect the market demand,make an accurate assessment of the actual depreciation of the vehicle,and include it in the scope of compensation to protect the loss of the victim.The fourth part is the difficulty of personal compensation for traffic accident: the compensation for traffic accident involves the standard of death compensation.In the death compensation system,the personal dignity of the parties should be fully respected,everyone should be equal before the law,and the right to life of all victims should be equally respected.The current issue of "same life,different price" has become a point of criticism in traffic accident compensation.On the basis of the unified death compensation standard,the individual differences of different victims should be more considered,according to their professional ability before death,after death.The family situation is analyzed in detail,so that "similarities with little differences" can be achieved,and the substantial fairness of death compensation can be truly realized. |
