The Study On Road Traffic Accident Compensation

With the fast development of economics, the number of automobile is on great rise and the traffic accidents increase accordingly, which has given rise to serious social problems. How to solve the problems needs the efforts of all parties, while the legal means undoubtedly count. The key points lie in how to set up efficient mechanism of dealing with traffic accident compensation and protecting the victim's rights. The newly-issued"The Law of Road Traffic Safety"adopts the no- fault liability principle, which has made greater progress compared with the fault liability principle applied before. But the law doesn't make detailed regulations on the compensation in the traffic accidents. The defects might lie in that compensation duty bearer is not clearly regulated, therefore the concept or scope for victim in the traffic accidents has not made clear. Our country has narrower scope for victims than those internationally-accepted. The definition for victims ( or the third party ) has to be in accordance with the compensation requester in Tort Law. This paper tries to put forward some suggestions on compensation and liability insurance system in traffic accidents by analyzing some problems in duty bearing principles, duty bearer and compulsory vehicle liability insurance with an aim to protect the rights of victims in traffic accidents.This paper is divided into 5 parts. The first part gives general ideas on traffic accident compensation systems in and out of our country and puts forward that"Law of Road Traffic Safety"follows the international trend of legislation.The second part tells us that in traffic accident duty bearing principles, no- fault liability principle plays the role.The third part elaborates on the principles and scope on the traffic accident compensation and points out that when the no-fault liability principle is applied, the Culpa compensation can sometimes be applied The fourth part discusses that duty bearer should be judged by the person who benefits from it and analyze some special cases to judge their duty bearers.The fifth part studies the origin of the compulsory third party liability insurance system and the function of liability insurance. It also analyzes the problems existing in the present automobile liability insurance. This part also discusses the defects of social security on road traffic accidents.