Researching The Validity Of The Agreement On Compensation For Personal Injury

With the development of economy, and the improvement of people’s living standards. Followed that the number of tort cases is growing. People reached agreement on compensation for personal injury. But for the validity of the agreement on compensation for personal injury, The courts have different definition of standards.Some courses emphasize the compulsory of the tort liability law, they deny the validity of the agreement; some courses reckon that we need respect the agreement between them, so we should define the validity of the agreement according to the tort liability law and contract law. It involves whether the compulsory of tort liability law interference to the autonomy of people.And the current law do not have clear provisions regarding the validity of the agreement on compensation for personal injury in our country, the principles can only be found in the court’s internal meeting minutes. So I decided to use this topic to illustrate.The author aquired that the tort liability law mandatory won’t impact on free consultation between the parties, the agreement on compensation for personal injury belongs to the category of the debt from three aspects the tort liability law is an important part of civil law; the protection of the public law and private law cannot be confused; the compensation for personal injury belongs to the category of the debt.Finally, the author suggested definition of effectiveness of contract consists with the "contract law" to maintain the validity of the agreement on compensation for personal injury. Finally, the author suggested that agreement is valid in principle,and under special circumstances, we should identify the effectiveness of the agreement on compensation for personal injury in accordance with the effectiveness of contract by "contract law".