The Analysis On A Case Of Compensation For An Accident Between Zhang Xin And The People’s Congress Of The County Xundian

Private use of official cars is the government cars which is afforded by public finance and serve the public administration or public service is used for private purpose. It is result in some social extortion such as corruption and waste of public resources. More serious is the consequence caused by private use of official cars produces a typical problem to the application of legislation. For example, once the official vehicles are involved in traffic accident, who is the responsible person?This discourse will analysis the case of compensation for damage in accident between Zhang Xin and Xun Dian County People’s Congress and make a comparison of Jin Xiaowu suit for the damages of Zhengzhou personal bureau. It will points out the existing problems and the focal point of controversy in this case. The shortages of nowadays rules about traffic accident damage compensation issues and private accident damage compensation system in our country will also be analysised according to the relevant laws. By doing that I want to rize some unmature personal ideas.In terms of normal traffic accident damage compensation, there are two problems need to be clarified. One is about one’s family members whether belong to the cognizance of "others" who was the driver in traffic accident damage compensation scope with take full responsibility. The conclusion was out by citing the relevant rules. That is according to whether the families who was in the same car have with "have no license, do not use the vehicles in accident at ordinary times, have no power to control the accident vehicle, not induced or auxiliary the accident", etc. Combining with the actual situation of the case and the related factors, the judge determine whether the relatives of the motor vehicle drivers belong to the scope of "others".Another is the compensation range of the traffic accident damage are mainly divided into the property damage compensation, compensation for personal injury and emotional distress, which were analyzed in three parts.In the specific aspect of damages which produce in the process of accident when use official vehicles. Three questions need to be clear. The first question is whether pursue the responsibility of the mismanagement of the vehicle is applicable for Civil Procedure or not, and the second is the sharing of responsibility between the directly responsible and the department. The third is the recourse of the government after assuming the reponsibility.According to a detailed analysis of the case and learning from foreign experience, I put forward a sound advice from two aspects. The first is Improve the official vehicles system in our country, the second is clear the type of responsibility of each person in the accident, which provide appropriate legal basis to deal with similar cases in the future.