The Study On The Regular Payment Way Of Personal Injury Compensation

The relevant dispute cases on compensation for personal injury have accounted for a considerable proportion of the total case in the grass-roots courts all over the country.In such cases,the distressing experiences for the judges are not to verdict who is the directly or the indirectly responsible individual and the proportional share liability, but to guarantee the verdict can be implemented and it will realize the value of justice of the law and the balance of interests between the parties. At present, the main compensation way for personal injury is one-off payment and the substantial is regular payment in our country.The both have advantages and disadvantages, but to realize the value of fairness and justice of the law,the regular payment way is superior to the one-off payment way. The introduction of regular payment way of personal injury compensation make it possible for the parties to choose compensation payment way.And it will promote the rationalization of the compensation system and balance the interests of the parties. In fact, the development of theory and practice of regular payment way in our country is undesirability, due to the social and economic factors.The main reason is that the legal status of regular payment way was lower than one-off payment,which makes it can’t play its advantages.And there are still some problems in the legislation and judicial practice. Given this, the author study the regular payment way of personal injury compensation.Based on the analysis and research of the present situation of regular payment way in our country, using the method of comparative analysis, empirical research and system analysis,the paper put forward some pertinence measures.This paper has four chapters: the first chapter is the overview of regular payment way of personal injury compensation, including its concept,characteristic,the legal basis and the suitable principle; the second chapter is the legislation evolution of the regular payment way of personal injury compensation in our country. This chapter takes the time as the vein, combing out the history of establishment and development of personal injury compensation; the third chapter is about the system deficiency and practical situation of regular payment way.The main contents of this chapter has two: one is the flaws of legislation of regular payment way in the respects of the scope of compensation, compensation standards, the limited time of compensation and so on; the other one is its practical development after introduced into our country; the fourth chapter is the system reconstruction of regular payment way. This chapter firstly research the foreign relevant legislationand then put forward to the pertinence measure aiming at the existing problem of our current situation of legislation--- issuing the judicial interpretations about Tort Liability Law and setting up some coordinating system.