A Study on Assessment of the Compensation for Non-pecuniary Loss in Traffic Accident

• Main Authors: WEN,KAI-CHENG, 温鍇丞
• Other Authors: CHEN,JU-YIN
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/6k64r3

碩士 === 東吳大學 === 法律學系 === 105 === With the frequent use of vehicles in daily life, the increasing number of traffic accidents has brought cases of disputes over the amount of compensation to be paid for. Therefore, it is the subject of this study on how to develop a more objective calculation method to calculate reasonable and appropriate amount of compensation for the fact that the amount of compensation for non-property damage cannot be evaluated objectively. This study is divided into five chapters. The first chapter is intended to illustrate the research motives, objectives, methods, research structures and expected results. The second chapter discusses the basis of the claim and the characteristics of the traffic accident compensation, and introduces the meaning of infringement, the constituent elements of infringement claim, and its legal effect. Furthermore, the chapter discusses the meaning and nature of traffic accident compensation as well as the amount of discretion. The third chapter looks into the neighboring countries such as Japan and China on their use of calculation methods in determining the amount of compensation claim, their constituent elements of infringement claims, and their calculation for the non-property damage compensation. The fourth chapter analyses our country’s traffic accident court cases in recent years. Whether or not the court’s decision on a case is determined by the impact on victim, the infringement type, victim’s age, medical treatment, and recuperation time. Chapter five is the conclusion and suggestion for this paper. This study formulated a relatively objective and specific way of calculating non-property damage compensation which includes death and injury, and with a view to achieving a reasonable amount of compensation for each victim. Finally, this study put forward a number of suggestions to get more experts and scholars attention for further research, and to develop a more specific and appropriate solution for traffic accident compensation.