Analysis On The Principle Of Tort Liability Of Traffic Accident From The Perspective Of Economics Of Law

With the economic and social development of China,traffic vehicle in people's working life has played an increasingly important role,and in the process,traffic accidents have shown a rising trend,and render a grave threat to the people's lives and property safety.How to prevent the occurrence of traffic accidents after the accident,as well as the allocation of responsibilities,in legal theory and judicial services sector there has been in a wide range of disputes,among which the core dispute is the status of the application of the principles of accident liability issues.The revised "Law on Road Traffic Safety" Article 76 whose implementation started on May 1,2008 provides as follows:" personal injury,property loss caused by Motor vehicle traffic accidents are taken by insurance companies in the motor vehicle compulsory third party liability for compensation;for the inadequate part assumed according to liability for the following provisions:(a) traffic accidents between motor vehicles,by the party at fault liability;both sides are at fault,in accordance with their respective the proportion fault of shared responsibility.(b)for the traffic accidents between motor vehicles and non-motor vehicle drivers,pedestrians,and if non-motor vehicle drivers, pedestrians are no fault motor vehicles for the liable;if there is evidence that non-motor vehicle drivers pedestrians are at fault,the liability of motor side will be reduced according to the degree of fault;if vehicle party is at no fault,no more than 10per cent of the liability will be taken.If traffic collisions deliberately caused by pedestrians and non-motor vehicle,motor vehicle liability side will be at no loss."In this paper,in order to solve the problem,the principle of liability attribution in "Road Traffic Safety Law "will be analyzed from the perspective of law and economics.Principles of tort liability,as the standards of determining civil liability of the infringement and the role of the legislative guidelines,is implemented in the whole tort law. In this paper,first of all,the general overview of the principles of tort liability of road traffic is mentioned introducing the general liability principle of traffic accidents and the specific circumstances of the current stage of our country.Economics of law which was developed nearly five decades ago is a cross-edge disciplines between law and economics as well as an important academic school in contemporary Western economics,after World Warâ…¡.It uses the basic principles and methods such as theory of price,welfare economics,public choice theory in modern economics to study the structure of the law and judicial institutions and their impact on the economy.Then,principle of economics of law is deliberated from the concept, characteristics and basic research methods.Finally,the principle of Law and Economics (mainly costs - revenue game theory) is used to analyze the impact caused by the transport mode choice made by fault liability in the first provisions and the strict principle of liability between motor vehicles and motor vehicle drivers,and the principle of fault liability between non-motor vehicle drivers,pedestrians in China's "Road Traffic Safety Law," 76 and bring forth the advantages and disadvantages of two principles under specific circumstances and as a reference for future legislative and judicial work.