Research On Road Traffic Accident Compensation Property Damage

In recent years, The damages cases taken to court due to road traffic accident, showed anincreasing trend. This cases in the judicial practice mainly includes two case type, One is thephysical damages caused by road traffic accidents, the second is the property damages causedby road traffic accidents. For the former, because the <Tort Liability Act> and the<Compensation cases concerning personal injury trial law applicable to the interpretation of anumber of issues.> issued in2003provides a clearly defined, so the judge is not much moredifficult to deal with this case. But in the latter case, because both the <Civil Law> or <TortLiability Act> were not be clearly defined, so there is more confusion in practice.Property damage of traffic accidents, Road traffic accidents resulting in property damageto others, and arising the liability for damages.These property damage include the costs ofrepairing damaged vehicles and the costs of resetting vehicle and the costsof outage damages and so on.because both the <Civil Law> or <Tort Liability Act> were notbe clearly defined, so there is more confusion in practice.In order to facilitate the judgesapplicable law judge to resolve cases better,The Supreme Court issued <Supreme Court tohear the case of road traffic accident damages interpretation of the law applicable to certainissues>in2012,In Article15, provides the road Traffic Accidents compensation for propertydamages range.Thus, not only to maximize the protection of the interests of the owners ofdamaged,but also benefits property damage Traffic Accidents cases are dealt with in a fair andequitable in the practice, and improve judicial efficiency.However, this rule is stillvague,especially for the damage identified,the calculate standard for each compensationproject and calculation methods, etc.In this paper, based on the current legislative status ofproperty damage Traffic Accidents and judicial status,proposed property damages of roadaccidents in the judicial system of the problems in practice and some suggestions to resolvethese issues raised.Specifically,this paper consists of four parts.The first part reflects thebackground, purpose and significance of the topic and the current study abroad situation.Thesecond part reflects the definition of property damage Traffic Accidents, our property damagecompensation system of Traffic Accidents on the Legislative History and current situation and the existing problems.The third part reflects compensation for property damage TrafficAccidents cases and the main problem of judicial practice.The fourth part is the proposal ofproperty damage Traffic Accidents compensation cases in justice.this part is the focus of thisarticle.This section include these aspects,the method of determining compensation,thedetermine the scope of compensation and the clear method for calculating compensationpayments and so on.