Study On The Compensation Of Vehicle Devaluation Loss In Motor Vehicle Traffic Accident Liability Disputes

In the context of tort liability,the loss of depreciation of a vehicle caused by a motor vehicle traffic accident has become the focus of controversy among the parties responsible.Based on the factors beyond unforeseeable,there is no definite conclusion on the compensation of vehicle depreciation loss,and there are opposite views in judicial practice.In this paper,we will seek the rules of adjudication of vehicle depreciation loss in judicial precedents by means of empirical evidence,and find the balance point of dispute resolution based on tort liability theory in order to bridge the conflict in judicial practice.The first part starts from three typical cases,introduces the basic situation of the cases,summarizes the focus of the controversy,and sorts out the existing legal norms,so as to lay the foundation for analyzing the problems later.The second part introduces the controversies and reasons of vehicle depreciation loss in academic circles,and raises the questions of whether the vehicle depreciation loss exists,its nature is unknown,whether it can be attributed,the irregularity of identification and how to determine the amount of loss according to judicial decisions.The third part combines the issues raised in the previous part,and analyzes the arguments from the theoretical basis of damage compensation,claiming that the vehicle devaluation loss is compensable,and according to the two basic principles of full compensation and fairness of the vehicle devaluation loss,combined with the general principle of fault liability,arguing that the vehicle devaluation loss of the tortfeasor is caused by the tortfeasor’s fault,and there is a causal relationship between the tort and the damage result.The tortfeasor should be liable for the compensation.The fourth part is to improve the legal system of vehicle depreciation loss,limit the scope of compensation,and improve the identification mechanism to improve the compensation path of vehicle depreciation loss.