Interpretation of the Supreme People's Court on the law applicable to a number of cases of disputes over compensation for personal injury trial of railway transportation

(method 2010) release (No. 5)

 

Official Reply of the Supreme People's Court on the motor vehicle traffic accident liability compulsory insurance liability limit of physical and mental damage compensation order problem

[(2008) the people He Zi No. twenty-fifth]

The Anhui Provincial Higher People's court:

You in the hospital (2008) and Anhui people He Zi No. nineteenth "about Bao Lu'an branch and Li Fuguo, Lu Shiping, Zhang Dongze, Lu'an Zhenghong candy factory road traffic accident damage compensation dispute case report" received. Through research, the following reply:

"Motor vehicle traffic accident liability compulsory insurance regulations" provisions of article third of the "personal injury" caused by damage to include property damage and mental damage.

The compensation of mental injury and material damage in the compulsory liability insurance limit in order for compensation, the claimant shall have the right to choose. Who have the right to claim the priority of compensation for spiritual damages, compensation for material damage in part by the lack of a commercial third party liability insurance compensation.

This complex

Two 00 eight years in October 16th

 

The Supreme People's Court of the people's Republic of China (2006) the people He Zi No. first)

The Zhejiang Provincial Higher People's court:

You in the hospital (2005) Zhejiang method people He Zi No. first "Peoples Insurance Company of China Pujiang branch and Lou Zongrong, Wu Linxiao, Zhang Fulian, Qiu Zhaoyang, Lou built over the road traffic accident damage compensate dispute case report" received. Through research, the following reply:

According to the "Regulations of the people's Republic of China Road Traffic Safety Law" in article seventeenth, the nature of the third party liability insurance as commercial insurance. Traffic accident compensation disputes occurred, should be in accordance with the provisions of the insurance contract, determine the liability insurance company to assume.

 Two 00 six years in April 19th

HighestThe people's court Ming Chuan (method (people) Ming Chuan (2006) No. 6)

The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, PLA military court, production and Construction Corps Branch of the higher people's Court of the Xinjiang Uygur Autonomous Region civil court:

Now my courtyard to the Zhejiang Provincial Higher People's court request made (2006) the people He Zi No. first letter forwarded to you. The letter explicitly before July 1, 2006 property insurance third party liability insurance as commercial insurance, please refer to.

Attached to: (2006) the people He Zi No. first me

 Two 00 six years in July 26th

AboutCircular Ming Chuan telegram to clear the motor vehicle third party liability insurance nature of the Supreme People's court

Insurance regulatory department (2006) No. 68

The insurance agency, insurance companies, Chinese insurance industry association:

In July 26, 2006, the Supreme People's court, the higher people's Court of Zhejiang province for the motor vehicle third party liability insurance nature of the reply to Ming Chuan telegram form forwarded around the high court, the nature of the letter before 1 July 2006 clearly against the third party liability insurance as commercial insurance. Now this is transmitted to you, please refer to.

Two hundred six years in August 2nd

 

A division of the Supreme People's Court of the people on the habitual residence in the town of rural residents for how the traffic accident casualties calculation compensation reply

[(2005) the people He Zi No. twenty-fifth]

The Yunnan Provincial Higher People's court:

You Institute "about Luo Jin will be five and Yunnan Zhaotong transport group passenger transport contract dispute case of the legal understanding and application instructions" received. Through the research, the answers are as follows: the case of personal injury compensation, disability compensation, death compensation and supporting calculation for living expenses, should be based on the actual circumstances of the case, combined with the factors of residence, place of residence, determine the applicability of urban residents per capita disposable income (per capita consumption expenditure per capita net income or) rural residents (living consumption expenditure per capita) standard. In this case, the victim Tang Shunliang although the rural household, but in city business, living, its habitual residence and the main source of income for city, cost compensation for damage should be calculated according to the related standard of the local residents. Special note: in May 27, 2006, the Supreme People's court people a court issued the reply to all parts of the country's high court, refer to.

 

Official Reply of the Supreme People's Court on whether to accept the criminal victims filed a civil compensation for mental damage

(method 2002) release (No. 17)

The Yunnan Provincial Higher People's court:

You in the hospital (2001) No. 176 cloud method "on the people's court should accept the victims are criminal spiritual damage crime take civil action for compensation" received. Through research, the following reply:

According to Article thirty-sixth of the criminal law and the criminal procedure law in our hospital in seventy-seventh and "provisions on the criminal supplementary civil action" the scope of the provisions of the second paragraph of Article 1, for the victims in criminal cases as criminal acts of the defendant suffered loss of the spirit of an incidental civil action, or concluded in the criminal case, the victim shall bring the spirit compensation for damage in civil proceedings, the people's court shall not accept.

This complex

 

Reply of the Supreme People's Court on a series of purchase a car did not handle the transfer procedures owners whether or not the original motor vehicle traffic accidents causing damage liability

[(2001) the people He Zi No. thirty-second]

The Jiangsu Provincial Higher People's court:

You Institute "about serial purchase a car not handle the transfer procedures, the original owners ask" whether to motor vehicle traffic accidents were liable for damage caused by the receipt. From the point of view that:

A series of purchase a car did not handle the transfer procedures, as vehicles have been delivered, the original owner can not control the vehicle operation, also cannot benefit from the vehicle operation, it is not the original owners deal with motor vehicle traffic accidents responsibility. However, a series of purchase a car did not handle the transfer procedures, in violation of the relevant administrative regulations, shall be governed by the provisions of the adjustment.

December 31, 2001

Reply of the actual owner of the Supreme People's Court on the linked units should bear the responsibility

[(2001) the people He Zi No. twenty-third]

   The Hubei Provincial Higher People's court:

   You for "instructions" about the actual owners hit and its affiliated units should bear the responsibility of receipt. We think, the case is affiliated to Hubei Yang Feng Limited by Share Ltd from the affiliated vehicles in operation made interest, therefore should bear civil liability to an appropriate extent.

   This complex

 

The Supreme People's Court on the purchase of people use installment purchases of vehicles in the transport because of property losses caused by traffic accidents others retained a reply shall not bear civil liability of vehicle ownership

(method 2000) release (No. 38)

Sichuan Provincial Higher People's court:

You (1999) Institute of Sichuan high Law No. 2 "on the installment, the retained ownership of vehicle sales contract during the transportation of the goods to buy party causes losses to others the use of the vehicle, the seller should bear civil liability for" receipt. Through research, the following reply:

Take the installment purchase a car, a seller in the purchaser paid car retains the ownership of a vehicle, the purchaser in its own name and to enter into a contract of carriage of goods and the use of the car transport, due to traffic accidents caused by the loss of property of others, the Seller shall not bear civil liability.

This complex

 

The Supreme People's Court on the vehicle carrying case registration unit and the actual purchase people should be how to deal with the problem of inconsistent reply

[(2000)] He Zi No. twenty-fifth)

The higher people's Court of Shanghai:

You Institute Shanghai high [1999]321 number "on the implementation of the cases of vehicle registration unit and the actual purchase inconsistent and should consult the" how to deal with the receipt. Through research, the following reply:

In this case the person to be enforced or register the name of Shanghai Fu Long Food Co. Ltd. the name three vehicles does not claim ownership; the third people of Shanghai artificial peninsula Construction Development Co. Ltd. signed an agreement with the commitment expressed their true meaning, there is no transfer of property suspected; and the purchase of third issued by the three cars the accounting vouchers, bank books list, maintenance fee and tax certificate, proof of third for the actual investor, alone on the three motor vehicles possession, use, income and disposition. Therefore, in this case three motor vehicles should not determine the registration of the name of the owner shall be based on human, and fairness, the principle of equivalence paid, determined to third people all. Please, supervise the implementation of court to release the three vehicles.

This complex

 

 

The Supreme People's Court about the traffic accident loss of property including whether approved vehicle outage losses of loss

(method 1999) release (No. 5)

The Jilin Provincial Higher People's court:

You in the hospital (1998) Jigao Law No. 143 "on the property damage compensation of the traffic accident damages are for" including indirect loss problem of receipt. Through research, the following reply:

"General rule of the civil law" 117th article second, third paragraph: "damage to the state, collective property or the property of another, should be restitution or compensation for discount." "If the victim suffers other serious losses, the infringer and shall compensate for the losses." Therefore, in the cases of traffic accident damages, if the vehicle was damaged in the carriage of goods or passengers for transportation business, claims to repair damaged vehicles lost during the outage, traffic accidents should be responsible for compensation.

This complex

 

The Supreme People's Court on stolen motor vehicle accident who is liable for damages problem

(method 1999) release (No. 13)

The Henan Provincial Higher People's court:

You Institute "about the stolen for" motor vehicle accident after the accident flight who bear the liability for damages has been received. Through research, the following reply:

Motor vehicle accident using theft, cause material losses of victims, the party shall be liable for damages in accordance with the law, all the stolen motor vehicle is not liable for damages.

This complex

The NPC Standing Committee Law Committee about the traffic accident responsibility behavior whether to belong to a specific administrative act, can be incorporated into the scope of accepting cases of administrative litigation

(Law and industry office complex word (2005) No. 1)

Hunan Provincial People's Congress Standing Committee law committee:

Your commission in December 17, 2004 (2004) (Hunan people methods Letter No. 36) your letter. Through research, the following reply:

According to the provisions of the law on road traffic safety in article seventy-third, affirmation of traffic control department of the public security organ of the traffic accident, used as evidence in dealing with traffic accidents. Therefore, the traffic accident responsibility behavior does not belong to a specific administrative act, can not bring an administrative lawsuit to the people's court. If the parties to the traffic accident involved civil compensation disaffected, can bring a civil lawsuit to the people's court.

Office of the NPC Standing Committee Law Committee

 

 

Interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accident

(method 2000) release (No. 33)

For the punishment of the crime of causing traffic casualties in accordance with the law, according to the relevant provisions of the criminal law, the specific application of law in the trial of criminal cases of traffic accidents are interpreted as follows: 

The first personnel engaged in transportation or non transport personnel, in violation of the traffic regulations major traffic accidents, based on clear accident responsibility, to constitute a crime, in accordance with the provisions of article 133rd of the criminal law of conviction and punishment. 

Article second of the traffic accident is under any of the following circumstances, is less than three years imprisonment or criminal detention: 

 (a) the death of one or three wounded, negative or the primary responsibility for all accidents; 

 (two) the death of three people, the same negative accident responsibility; 

 (three) caused by the direct loss to the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of three hundred thousand yuan. 

Traffic accident injuries to more than one person, negative accident or the primary responsibility, and has one of the following circumstances, with traffic accident crime: 

 (a) drink, drugs and driving motor vehicle; 

 (two) driving a vehicle without a driving license; 

 (three) that is a safety device failure or malfunction of the motor vehicle safety while driving; 

 (four) that is a motor vehicle without license or discarded while driving; 

 (five) the serious overload driving; 

 (six) for fleeing from the accident scene to evade the law. 

Third "escape after causing traffic casualties", refers to the act of the first paragraph of this article explained second and second (a) and (five) one of the circumstances prescribed in item, after the occurrence of a traffic accident, in order to avoid the punishment of the escape behavior. 

Article fourth of the traffic accident is under any of the following circumstances, which belongs to the "odious cases", three to seven years in prison: 

 (a) more than two people killed or injured more than five, negative or the primary responsibility for all accidents; 

 (two) the death of more than six, the same negative accident responsibility; 

 (three) caused by the direct loss to the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of six hundred thousand yuan. 

Fifth "escape from death", refers to and escape behavior in order to avoid legal action after the traffic accident, the victim died because they were unable to rescue. 

After the traffic accident, person in charge, the motor vehicle owner, contractor or passengers who ordered the perpetrators escape, causing the victims died because they were unable to rescue, shall be punished as an accomplice to the crime of causing traffic casualties. 

The sixth act in order to avoid legal action after the traffic accident, the victim will be away from the scene of the accident after the hidden or abandoned, the victim can not be salvage death or severe disability, in accordance with the provisions of article 232nd of the criminal law shall be respectively, 234Th and second paragraph, in order to murder or intentional injury crime. 

In charge of personnel, seventh units of motor vehicles or motor vehicles of all Contractor instigate, or force others to drive significant traffic regulations, with the interpretation of the provisions of article second of the traffic accident crime, conviction and punishment. 

Article eighth in the implementation of public traffic management in a major accident, in accordance with the relevant provisions of article 133rd of the criminal law and the interpretation of the. 

In the public traffic management, driving motor vehicles or to use other means of transport of casualties or heavy losses to public property or the property of others, which constitutes a crime, according to article 134th of the criminal law, article 135th, article 233rd, shall be convicted and punished. 

Article ninth provinces, autonomous regions, municipalities directly under the central government, the higher people's court may according to the local actual situation, in three hundred thousand yuan to six hundred thousand yuan, six hundred thousand yuan to one million yuan range, determine the region to explain the implementation of this article second (three), article fourth (three) of the standard amount, and report the Supreme People's court filing.

 

The views of the National People's Congress Standing Committee on road traffic law ninety-ninth, article 101st provisions applicable problem

(2005) the Law Committee complex word (No. 26)

Legislative Affairs Office of the state council:

Do you (the April 12th letter (2005) No. 52) your letter. Through the research, we now reply as follows:

Behavior of road traffic safety law article ninety-ninth and article 101st for escaping after causing a traffic accident of the different provisions of punishment, were applied to the following different situations:

1 , of escaping after causing a traffic accident, does not constitute a crime, the traffic control department of the public security organs in accordance with the provisions of the road traffic safety law ninety-ninth, two hundred yuan to two thousand yuan, can be in fifteen days detention.

2 , for the occurrence of major accidents, crime, no escape, in addition to shall be investigated for criminal responsibility according to law, the traffic control department of the public security organ in accordance with the law on road traffic safety in 101st the first paragraph, motor vehicle driver's license revoked.

3 , the major traffic accidents, crime, and escape, but shall be investigated for criminal responsibility according to law, the traffic control department of the public security organs in accordance with the provisions of the second paragraph of the road traffic safety law 101st, motor vehicle driver's license revoked, and a lifetime may not re apply for a motor vehicle driving license.

Law Committee of the NPC Standing Committee

 

 

The Supreme People's Court judicial interpretation of cases of road traffic accident damages(Exposure Draft)

                                       (fifth. 20100520)

     For the case of road traffic accident damage compensation correctly hearing, according to "the people's Republic of China tort liability law" (hereinafter referred to as the tort liability law), "the people's Republic of China Road Traffic Safety Law" (hereinafter referred to as the road traffic safety law of the people's Republic of China), "insurance law", "PRC Civil Procedure Method" and other legal provisions, combined with the practice of the civil trial, this interpretation is formulated.

Article 1The litigation status []

Motor vehicle traffic accidents, the infringee prosecution, the people's court shall be compulsory third party liability motor vehicle insurance companies and the infringer as a co defendant.

The motor vehicle shall have the commercial third party liability insurance, the people's court may, at the request of the parties, the commercial third party liability insurance company as a co defendant.

Article secondThe traffic accident identification proof [book]

The people's court shall the traffic administrative department of the public security organ shall make comprehensive traffic accident facts confirmation and other evidence. Parties to present evidence to traffic accident, the people's court may confirm the probative force.

Article third[] nature of liability insurance company

Motor vehicle traffic accidents causing damage, regardless of the motor vehicle shall have no responsibility, by insurance companies in motor vehicle compulsory third party liability insurance liability limit shall be full compensation. But the traffic accident is caused intentionally by excluding the victim.

Article fourth[compulsory insurance in third]

The insured motor vehicle traffic accident, the insured motor vehicle outside the staff belonging to the road traffic safety law the provisions of article seventy-sixth of the motor vehicle third party liability compulsory insurance "in third".

Article fifth[human casualties and property losses understanding]

Road traffic safety law seventy-sixth stipulation "casualty" refers to the victim caused by road traffic accidents (the victim) personal injury, including "the spirit of the damage material damage in tort liability law" sixteenth article and the "tort liability law" the provisions of article twenty-second.

Road traffic safety law seventy-sixth stipulation "property damage" refers to due to road traffic accidents resulting in the victim's vehicles and other property is damaged, lost, the people's court shall, in accordance with the "tort liability law" article nineteenth for the calculation of the amount of.

Article Sixth[range] of property loss

Due to road traffic accidents resulting in the victim's vehicles and other property is damaged, lost, including repair costs, operating vehicle repair vehicle during outage losses, caused by traffic accident vehicle use other property losses caused by disruptions to sales, vehicle or clear for trading purpose vehicle depreciation losses as well as victims damaged, lost.

The above mentioned "vehicle use interrupt loss", the people's court may according to the victim to obtain the usual alternative transportation charges to determine; the above mentioned "devaluation loss", the people's court may according to the appraisal conclusion and the vehicle to determine the extent of the damage, other factors such as life.

Article seventh[order of the spiritual damages compensation compulsory insurance and commercial insurance coexist]

The same vehicle and the insured motor vehicle third party liability compulsory insurance and the commercial motor vehicle third party liability insurance, after a traffic accident, forced by the motor vehicle third party liability insurance compensation, in the motor vehicle third party liability compulsory insurance liability limits the scope of the insufficient part by the commercial third party liability insurance, the insurance company shall make compensation for the losses according to the contract of insurance.

The same vehicle and the insured motor vehicle third party liability compulsory insurance and the commercial motor vehicle third party liability insurance, the compensation of mental injury and compensation for material damage in motor vehicle traffic accident liability compulsory insurance compensation in the order, the claimant shall have the right to choose. Who have the right to claim the priority of compensation for spiritual damages, compensation for material damage in part by the lack of commercial third party Liability Insurance Company according to insurance contract compensation.

Article eighth [uninsured Liability]

Not in accordance with the provisions of the state compulsory insurance of motor vehicle third party liability insurance of motor vehicle, traffic accident damage compensation from insurance, compulsory motor vehicle third party liability compulsory insurance in motor vehicle third party liability compulsory insurance liability limit. The obligation and the behavior of people is not the same, by the insured obligation and the behavior of people in motor vehicle compulsory third party liability insurance limits are jointly and severally liable. Part of the problem, assume liability to pay compensation in accordance with the relevant provisions of the road traffic safety law and tort liability act of seventy-sixth.

Article ninthThe insurance company refused to insure [Responsibilities]

The motor vehicle shall have evidence that has engaged in the compulsory motor vehicle liability insurance the insurance company of business qualification to refuse or delay in underwriting, the motor vehicle shall in accordance with the interpretation of article The provisions of article third to assume the liability of compensation, have the right to request the insurance company to assume corresponding responsibility for compensation.

Article tenth[vehicles cause traffic accident liability]

Two or two car or motor vehicle traffic accidents, by the forced the motor vehicle third party liability insurance companies in their respective liability insurance limit average bear the responsibility for compensation; the insufficient part, assume liability to pay compensation in accordance with the relevant provisions of the road traffic safety law and tort liability act of seventy-sixth.

Motor vehicle traction Trailer traffic accidents causing damage, the provisions of the preceding paragraph.

Two or two car or motor vehicle traffic accidents, some vehicle does not have the compulsory motor vehicle third party liability insurance, the insured motor vehicle insurance should be compensation, the liability limits the insufficient part, assume liability to pay compensation in accordance with the provisions of article sixth of this interpretation.

Article eleventh[allocation of responsibility of traffic accident led to many car]

Two or two car or motor vehicle traffic accidents that cause the same damage, difficult to find out the behavior of fault size and cause proportion, provisions of tort liability law article eleventh.

Article twelfth[more victims circumstances Liability]

Motor vehicle traffic accidents cause many people harm, by the infringement occurs under the jurisdiction of the people's court.

Motor vehicle traffic accidents caused more damage, only part of the court, the people's court shall add other victims to participate in the proceedings. The victim has made it clear that the waiver of substantive rights, can not be added; neither willing to participate in the proceedings, and does not give up the entity right, still additional common plaintiff, not to participate in the litigation, does not affect people's court trial of the case and a decision according to law.

All the victims from the compulsory motor vehicle third party liability insurance compensation for the amount of quota, should according to their respective loss total loss to determine the proportion of the.

Article thirteenth[the insured motor vehicle insurance contract transfer fails to go through the alteration formalities]

The transfer of vehicle ownership is not insurance for motor vehicle third party liability compulsory insurance contract change procedures, traffic accidents causing damage, insurance company fails to go through the formalities for alteration of the contract on the grounds that the exoneration from the liability for compensation, the people's court shall not support.

Article fourteenth[robbery, undocumented insurance company driving, drunk driving case responsibility]

Any of the following circumstances causes personal injury, by insurance companies in motor vehicle compulsory third party liability insurance liability limits the scope of compensation, the compensation of third days from the insurance company, shall have the recourse against the person responsible for the traffic accident:

Motor vehicle theft, robbery and snatch, 1 traffic accidents;

2, did not obtain a driver's driving qualifications, drunk, the abuse of narcotic drugs or psychotropic drugs after driving traffic accidents;

3, the insured deliberately causes a traffic accident;

The insurance company under the circumstances prescribed in the preceding paragraph has pays rescue expenses, tort law applicable to the provisions of article fifty-second.

Article fifteenthTo drive the other vehicles [responsibility]

Unauthorized driving others motor vehicle traffic accidents, liability in accordance with the provisions of article forty-ninth of the tort liability law.

Article sixteenth[hitchhiking]

People a free ride on the motor vehicle traffic accidents caused by damage to travel in a motor vehicle, is a responsibility, can be appropriate to reduce the damages on human.

Article seventeenth[link] motor vehicle liability

Engaged in motor vehicle road transport business of traffic accidents, the actual operator and the operator is not the same name, by the actual name of operator and operator to beyond third party liability compulsory insurance of motor vehicle liability limit damage shall bear joint and several liability.

Article eighteenthCity taxi [responsibility]

City taxi traffic accidents causing damage, by taxi operators to beyond third party liability compulsory insurance of motor vehicle liability limit of liability for damage.

Article nineteenth[a motor vehicle in traffic accident responsibility]

The quality of motor vehicle traffic accidents caused by the damage, by the user of the motor vehicle liability to pay compensation beyond third party liability compulsory insurance of motor vehicle liability limit damage to bear. The pledgor is at fault for the damage, assume corresponding responsibility for compensation.

Article twentieth[the traffic accident happened during repair or custody of the responsibility]

Motor vehicle repair or custody to traffic accidents caused by the damage, by the user of the motor vehicle liability to pay compensation beyond third party liability compulsory insurance of motor vehicle liability limit damage to bear. The owner of the vehicle is at fault for the damage, it shall bear corresponding liabilities for compensation.

Article twenty-first[hire or retain ownership of motor vehicle liability]

Take instalment purchase of motor vehicles, the seller to the buyer paid the full price and delivery reserved before vehicle ownership of motor vehicles, traffic accidents, by the buyer to damage to the motor vehicle compulsory liability beyond third party liability insurance limit of liability.

Article twenty-secondMotor vehicle lease financing [responsibility]

Motor vehicle purchases to financing lease has been delivered to the lessee, after a traffic accident, by the lessee to beyond third party liability compulsory insurance of motor vehicle liability limit of liability.

Article twenty-thirdA case of purchase a car [responsibility]

A motor vehicle is often sold or transferred by other means and delivery, are not for the registration of transfer of ownership, traffic accidents, by the use of motor vehicle compulsory liability beyond the third party liability insurance limit of liability.

Assembling or vehicles to be scrapped been sold or transferred by other means, the occurrence of traffic accidents, by all of the transferor and the transferee shall bear joint and several liability.

Article twenty-fourth[non take responsibility for the employment behavior of traffic accident responsibility]

The employer's personnel due to performance of a task driving motor vehicle traffic accidents, in addition to motor vehicle third party liability beyond liability insurance limit damage, apply "tort liability law" the thirty-fourth regulation; the employer's personnel is not due to performance of a task, driving motor vehicle unit occurred the traffic accident is, "tort liability law" the forty-ninth regulation.

Labor relationship formed between individuals, providing labor party for labor driving motor vehicle traffic accidents, in addition to motor vehicle third party liability beyond liability insurance limit damage, apply "tort liability law" the provisions of article thirty-fifth; providing labor services shall not accept the Labor Party of the driving motor vehicle traffic accidents cause damage due to labor, apply "tort liability law" the forty-ninth regulation.

Article twenty-fifth[non motor vehicle drivers, pedestrians do not bear civil liability]

Motor vehicle and non motor vehicle drivers, pedestrians between traffic accidents resulting in both are damaged, non motor vehicle drivers, pedestrians have fault, the motor vehicle shall require non motor vehicle drivers, pedestrians compensation for its losses, the people's court shall not support; only one motor vehicle damage, apply "tort liability law" article thirty-first the provisions of.

Article twenty-sixth[liability highway managers]

Motor vehicle traffic accidents in highway driving process, highway managers not to safety protection, alarm management duties, it shall bear corresponding liabilities for compensation.

Pedestrians, non motor vehicle drivers into the highway traffic accidents, causing damage, highway managers have tried to safety protection, alarm management duties, shall be exempted from the liability of the expressway management.

Article twenty-seventh[public road Yisa, dumping, stacking responsibility]

On public roads stacking, dumping, scattered to impede the passage of goods caused damage to people caused by traffic accidents, the perpetrator should bear tort liability; public road management cannot prove that he is not at fault, it shall bear the corresponding compensation liability.

Article twenty-eighth[auction shall give priority to pay compensation for personal injury costs]

The people's court to auction the proceeds of the motor vehicle, debt is the order of:

(a) the cost of traffic accident damages;

(two) vehicles custodial fees;

(three) other debt.

Article twenty-ninth[statute]

Because the road traffic accident suffers from a personal injury, the period of limitation of action for the first time from the general treatment end date. The victim is crippled by the road traffic accident, should be the first time in 1 years after the end of treatment, apply for disability identification. The application of forensic expertise, the limitation of action from the appraisal institution to make appraisal conclusion date calculation.

Article thirtieth[effect] in time

The interpretation shall take effect from the date of.

The interpretation of the provisions of this interpretation shall apply after a trial of second instance has not concluded, the road traffic accident damage compensation cases.

The road traffic accident damage compensation cases have been concluded before the implementation of this interpretation, the parties to the violation of the explained by apply for a retrial, the people's court shall not support.

 

 

 

The Ministry of public security is proposed to correct the grassroots people's court will be part of traffic accident into the scope of administrative litigation function

The bus duct (2000) No. 113

Issue date: 20000621 implementation date: 20000621 promulgated by the Ministry of public security

Supreme People's court. Since last April, Sichuan, Chongqing, Fujian, Jiangsu, Shandong, some of the basic people's court in the administrative trial work, "meeting minutes" as the basis, the admissibility of the traffic accident, the parties to the public security organs cognizance of traffic accident responsibility identification may initiate administrative proceedings. In March 10th this year, the Supreme People's court "Several problems about the implementation of 'of the people's Republic of China Administrative Procedure Law' interpretation"After the implementation, the problem is more outstanding. This approach, not only in violation of the Supreme People's court, the Ministry of Public Security jointly issued the "Notice on the treatment of problems related to traffic accident cases of road"(Law 1992) (No. 39)Article fourthAbout "the parties only made by the public security organ of road traffic accident responsibility identification and assessment of disability may, bring an administrative lawsuit and civil lawsuit to the people's court, the people's court shall not accept the provisions", and the impact of the grass-roots public security organs to deal with traffic accidents according to the working procedures, long cycle with the traffic accidents, increased masses burden. According to the State Council's "Road traffic accident treatment measures"Article seventeenthRegulations, traffic accident is the public security organs in the identification of traffic accident according to the facts, the causal relationship between the illegal behavior and traffic accidents, identification of the conclusions made action and illegal acts in traffic accidents, in dealing with traffic accidents in the evidence effect. Traffic accident responsibility itself does not determine the rights and obligations between the parties, does not belong to the administrative behavior. In order to ensure the technical appraisal of the public security organ professional work objective, fair, accurate, "Road traffic accident treatment measures"Also specially set" traffic accident responsibility to recognize the "," traffic accident injury re assessment "and other internal business supervision procedure. If it is included in the scope of administrative litigation, it will confuse the boundaries of public security administrative enforcement of law and professional technical appraisal work, causing confusion. Years of practice has proved, the Supreme People's Court on 1992 and promulgated jointly by the Ministry of public security "Notice on the treatment of problems related to traffic accident cases of road"More scientific definition of the mutual functions of the people's court and the public security organs in the treatment of traffic accident cases, resolve the cohesion and supervision, to safeguard the legitimate rights and interests of the parties, as soon as possible to resolve the contradictions among the people caused by traffic accidents, play an active role in guiding. I think, the Supreme People's Court issued a notice jointly with the Ministry of public security, has the effect of judicial interpretation, binding on all levels of people's court hearing the case. Therefore, suggest you courtyard basis "Notice on the treatment of problems related to traffic accident cases of road"Regulations, as soon as possible to correct the grassroots people's court will be part of traffic accident responsibility cognizance in the scope of administrative litigation is not appropriate practices. June 21, 2000