Studies On Civil Liabilities Of Road Traffic Accidents

Civil liabilities of road traffic accidents, together with liabilities for damages of medical accidents and those of work accidents, are called Three Accident Liabilities in the domain of tort law,and were used to be regarded as special forms of liabilities for damages which ascribe to tort law. But in our country, although the number of road traffic accidents is increasing rapidly with the fast development of automobile industries and transportation industries, until May 1st,2004, when Road Traffic Safty Act of PRC was put in force, all through there was no special legislation for civil liabilities of traffic accidents. There were accords while repeats and conflicts between laws and legislations before. And in the world of legislation and theory,controversiesarisedon the liability-ascribingprincip]e, constitutive requirements of liabilities, liability-ascribing requirements, subject of responsibilities and prescriptions that came piggyback with them, etc. The enforcement of Road Traffic Safty Act presumably will end these controversies. However, the process of legislation on civil liabilities of road traffic accidents in our country went zigging and zagging, and the provisions of Road Traffic Safty Act are not totally perfect while rules and systems that relate to them haven' t established, so traffic control section and judicial body feel many problems in application of law and operation detailly (etc.) to be resolved urgently when facing a great deal of cases which involve compensation for damages of road traffic accidents.For the reasons stated above, this article gives a multiplayer and omnibearing analysis and comment on interrelated prescriptions about civil liailities of road traffic accidents from perspectives of normative,positive, value, historical and comparative. Firstly, it tidies the vast panorama of interrelated theories and legislations, especially it anatomizes and ana]ysizes the interrelated provisions of general principles of civil law, measures against road traffic accidents and Road Traffic Safty Act necessarily to explore and comprehend the original meanings of legislations. The second section deals mainly with constitutive requirements and ascribing principle of liabilities,emphasizes that civil liabilities of road traffic accidents should be doctrine of no-fault liability in our country, and the faults of parties should only be considerstions when we judge the causality in legal relations. The third section discusses the reasons of deraignment for civil liabilities of road traffic accidents from the perspectives of constitutive requirements and ascribing principle of civil liabilities of road traffic accidents. The fourth section studies the insurance liability which relates closely to just implements of civil liabilities of road traffic accidents. Finally it points again out that the writer hopes to try hard to clear the thoughts in theory, in order to lead to aims of advantageous operations for judicial practice and to safely protect the body and property of participants in road traffic ultimately.