The Deficiency And Improvement Of The Traffic Accident Processing System In China

With the social and economic development, the incidence of traffic accidents is increased and many victims cannot get the reasonable compensation after the traffic accidents. This situation not only undermines the fairness and justice of the society but even threaten the social stability. This paper reviewed historical researches, compared the legal provisions of other countries and states regarding the relief provided to the traffic accident victims and analysed the current relief measures for traffic accident victims in China. Based on the researches and combined with my own practice dealing with traffic accidents, this paper established a compensation mechanism suitable for China, which would protect the rights of traffic accident victims, but also balance the interests of parties involved, by improving and enhancing the coordination of the motor vehicle accident compensation principles, compulsory automobile liability insurance and the social relief fund system of traffic accident.This paper is composed of introduction, main text and conclusion. The introduction briefly described the serious situation of traffic accident in China and explained the concept of some commonly used terms related to traffic accident. The main text is divided into three parts as following:The first part introduced the concept of traffic accident responsibility principle; the traffic rules of other countries and states; the development of traffic accident compensation responsibility in China; the theoretical basis and scientific rationality of the principle of liability without fault regarding traffic accident compensation and the deficiency and improvement of the liability principle currently used in China.The second part introduced the concept of compulsory automobile liability insurance; the implementation of third party liability insurance system in other countries and states; the implementation of third party liability insurance system in China; the active effect of third party liability insurance system when dealing with traffic accident; and the deficiency and improvement of compulsory liability insurance in China.The third part introduced the concept of social relief system for traffic accident; the implementation of traffic accident relief system in other countries and states; the implementation of traffic accident relief system in China; the effect of the social relief for traffic accident; and the deficiency and improvement of the relief system in China.The conclusion summarized the aims of this paper, which is to provide a better protection for the traffic accident victims by improving the principle of traffic accident liability, the compulsory insurance system and the social relief fund.