The Article 76 Of "Road Safety Act" And The Ethical Analysis Of Related Clauses

In recent years, road traffic accidents in our country have become a serious social problem. But what we face are the confusion of imputation principles in road traffic accidents and unclear legal perspective. So it is increasingly urgent to constitute a law on liability partition for road traffic accidents. In 2004, China enacted the new "Road Safety Act", which aroused extensive discussions in the early days of its promulgation. In particular, the provisions of responsibility partition in its article 76 involved in the traffic accidents among motor vehicle and non-motor vehicle drivers and passers-by became the focus of the controversy.Focused on the clause 76 of "Road Safety Act", this thesis tries to, from the point of view of the ethical support of legislation, comment on its advantages and deficiencies and clarify the transformation in ethical spirit through the elaboration of the law itself and its reflection.This thesis is divided into four parts:Part I analyzes the legislative background. The primary attention is spared to the two basis of Road Safety Act drafting: severe situation about the increased road traffic accidents in the new era and the disorder of attribution principles in road traffic accidents. Meanwhile, this part compares the attribution principles in road traffic accidents in our home country and abroad, and the provisions on the responsibilities of road traffic accidents in old and new laws, with a view to illustrating that the provisions of the road traffic accidents in "Road Safety Act" not only adapt to the needs of the society but also conform to the world trend of road traffic accidents legislation.Part II conducts the ethical analysis on the clause 76 of "Road Safety Act". This part begins with the debates about the road safety legislation, and recurs to the different viewpoints in controversy, and then educes the clauses analysis and reflection. Afterwards, this part elaborates on the imputation principles from the points of legal support, the people-oriented concept and justice, which aims to reveal the concept changes and the ethical spirits in the road safety legislation.Part III is mainly about the ethical reflection on the clause 76 of "Road Safety Act". Starting from the ethical foundation of the clause 76, this thesis reveals the immediate reasons for the Road Safety Act legislation. Then it analyzes the profound social background of the road safety legislation law and the reasons for life supremacy from the points of rising subjectivity aroused by the market economy and...