机动车交通事故损害赔偿责任的构成要件研究

我国机动车交通事故损害赔偿责任的构成要件,除包括机动车交通事故致人损害事实、机 动车交通事故致人损害行为的违法性,以及机动车侵权行为与损害事实之间的因果关系等一般要件,还 应包括道路要件、车辆要件、交通要件和人身损害赔偿要件等特别要件。

On Constitutive Requirements of Motor Vehicle Traffic Accident's Damage Compensation

By describing the new idea of special tort constitutive requirements of the motor vehicle, out of the constitutive requirements of the general torts theory, the essay puts forward the author's idea that in studying its liability's constitutive requirements. First of all, we should research requirements of liability for wrongs and liability without fault, with the stress on the special requirements of non - fault liability. Based on the new idea, learning from the related researched achievements in Germany and Japan, we make it clear that the general constitutive requirements of motor vehicle' s traffic accident' s damage compensating fixation in our country should include road' s requirements, communications requirements and vehicle's requirements as well as the illegality of the fact of motor vehicle s traffic accident causing a person's damage and the conduct of it causing a person's damage, and the cause - effect relationship between the motor vehicle act of infringement and damage facts.