Road Traffic Safety Law and Traffic Accident Disability Appraisal Standards and Compensation

Author: Zhuang Hongsheng
Publisher:
Publish Date: 2005-08-01
Features: The legislative purpose of the "Road Traffic Safety Law of the People's Republic of China" is to protect personal safety, with particular emphasis on safeguarding the well-being of the general public, reflecting a people-centered approach. The law adopts the principle of fault presumption, embodying the legal spirit that human life is paramount. It highlights the respect for life in law and demonstrates the fundamental guidelines of people-centered traffic management. Since the implementation of the "Road Traffic Safety Law" over a year ago, its effectiveness in regulating road traffic nationwide has become increasingly evident. However, in practical application, it has faced numerous challenges: its primary focus includes whether a reasonable insurance system can be established to share the risks of "unfortunate consequences" through the social security system, whether reasonable compensation limits can be set to ensure the sustainability of such insurance, and difficulties in accident liability determination, among others. In light of this, we have specifically solicited contributions from national traffic management authorities, focusing on their perspectives on the "Road Traffic Safety Law," issues and difficulties encountered during enforcement, and practical experiences and case studies, in order to better implement the law and inspire further discussion.
With China's increased investment in infrastructure and the continuous expansion of urban construction, road traffic development has undergone rapid changes. These developments have presented a series of research topics for public security traffic management and the judiciary in handling traffic accident cases. Among these, traffic accident assessment and compensation have become major societal concerns. To address this, we have organized experts and scholars from the Supreme People's Procuratorate, the Supreme People's Court, and public security departments to compile the book "Road Traffic Safety Law, Traffic Accident Disability Assessment Standards, and Compensation." This book is rich in content, up-to-date in information, and truly achieves a balance of authority, professionalism, systematicity, and practicality, serving as a viable guide for future work.
The compilation of this book is based on disability facts, guided by laws, regulations, and legal documents, and standardized by medical criteria. It is characterized by systematicity, normativity, scientific rigor, and operability. The book comprehensively introduces the relevant knowledge of traffic accident disability assessment and compensation, and provides an expanded enumeration of disability classification principles. To facilitate the exchange of experiences among traffic workers, we have invited leaders from some public traffic management departments to serve as editorial committee members. They have provided us with many valuable insights and constructive suggestions, leading to significant improvements in the book. We express our sincere gratitude for their contributions!
At the same time, during the compilation process, we have also received strong support from peers across society, for which we are deeply grateful! It is undeniable that due to the urgency of the timeline and the vastness and complexity of road traffic work, as well as its continuous evolution and innovation, some shortcomings may inevitably exist. We sincerely hope that this book will not only be helpful to you but also receive your valuable feedback and suggestions. We earnestly welcome criticism and corrections.
Editors July 2005