论文部分内容阅读
《道路交通安全法》第76条没有对交通无过错事故责任的承担提供具体规则。交通无过错事故中的损害应该在机动车交通事故责任强制保险的责任限额内予以赔偿,不足部分的人身损害可以由道路交通事故社会救助基金支付,仍然未获救济的损害由各方根据公平原则在可救济的范围内按照人身损害优先的顺序合理分担。
Article 76 of the Road Traffic Safety Law does not provide specific rules on the assumption of the responsibility for traffic accident-free accidents. The damage in traffic accident-free accident should be compensated within the limit of liability of compulsory motor vehicle accident liability insurance. The insufficiency of personal injury can be paid by Social Security Fund of Road Traffic Accident, and the damage that has not been relieved by the parties is based on the principle of fairness Within the scope of relief in accordance with the priority order of personal injury reasonable share.