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Traffic accident compensation is the corresponding compensation for the victim by the person responsible for the traffic accident in accordance with the law, and more than 200,000 yuan depends on the actual loss of the party to determine.
1. Provisions on the liability of the parties involved in traffic accidents.
1. According to Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.
The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.
1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
2. Article 61: In any of the following circumstances, a party shall bear full responsibility:
1) Fleeing after a road traffic accident;
2) Intentionally destroying or fabricating a scene or destroying evidence.
Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.
2. The content of the traffic accident certificate.
1) The basic information of the parties involved in the traffic accident, the vehicle, the road and the traffic environment;
2) the basic facts of the traffic accident;
3) Analysis of traffic accident evidence and causes;
4) The fault and responsibility of the parties involved in the traffic accident or the cause of the accident.
2. If the person and vehicle involved in the traffic hit-and-run accident are not seized, and the party to the traffic accident damage compensation requests the issuance of a traffic accident identification document, the traffic management department of the public security organ may, within 10 days after receiving the written application of the traffic accident damage compensation party, make a traffic accident identification document, indicating the time and place of the traffic accident, the victim's situation and the facts obtained from the investigation, and if there is evidence to prove that the victim is at fault, determine the victim's responsibility; Where there is no evidence to prove that the victim is at fault, it is determined that the victim is not responsible. and serve on the parties to the compensation for traffic accident damages.
3. If the facts of the traffic accident cannot be verified, the traffic management department of the public security organ shall prepare a traffic accident identification document, indicating the time and place of the traffic accident, the circumstances of the parties and the facts obtained from the investigation, and serve them on the parties respectively.
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where the amount is especially huge, the sentence is to be 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property. Restitution only affects sentencing, and it is recommended to entrust a lawyer to seek mitigation for you.
Article 266:Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
According to the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" (effective April 8, 2011), "where the value of public or private property is 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be a "relatively large amount", "huge amount", or "especially huge amount" as provided for in article 266 of the Criminal Law.
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