중국 도로교통안전법상 자동차사고 손해배상책임의 구성요건

Abstract

The rapid economic development has a decisive effect on the substantial increase in the number of moto vehicle in china. Traffic accidents by moto vehicle have caused the great damage to persons and property. The moto vehicle traffic accidents resulted in the great economic losses to the society have become a social disaster. How to control and reduce a large number of moto vehicle traffic accidents as well as hoe to compensate and reduce the damage promptly and effectively are considered as social issues. The dissertation gives some legislative advices on perfecting Chinese vehicle damage compensation responsibility through the improvement of the Traffic Safety Law of PRC, the Tort Liability Law of PRC, the Regulation of Moto Vehicle Road Accident Responsibility Compulsory Insurance, and the Social Assistance Fund Management Method of Traffic Accident. The right of body is included into the right of personality, and thereby considered to be protected as not only enlarging the scope of the objective of right, but also considering running control and the running benefit as a tortfeasor. Therefore, This dissertation aims to enhance Chinese motor vehicle damage compensation responsibility of legislative and judicial practical work more favorable to the nation and the people, and thereby it could meet the world advanced trend, and promote the improvement of the theoretical study on the Chinese tort law.