Study On Principle Of Liability Attribution Of Tort Liability In Road Traffic Accident

Criterion of liability is an important theory topic and crucial practice of tort law. It is the core of the theoretic research on tort. The principle of liability is also significant in theoretic studies on tort liability attribution of traffic accident. However, all through the ages, in china's law society, there are disputes on how to adopt a proper criterion of liability for tort liability in traffic accident. The promulgation of the road traffic safety law is positive, but through its practices in some typical cases, we can find that there are many legislative defects on collocation of civil liability in traffic accident. Therefore, it is necessary to survey and study the principle of liability attribution of tort liability in road traffic accident.A good many of interior and exterior factors affect the establishment of criterion of liability in road traffic accident. These factors proposed non-identical demands for the collocation of tort liability in road traffic accident. As a result, the principle of tort liability attribution in road traffic incident should be a multiple system comprises principle of liability without fault and principle of liability for wrongs.With the value of freedom and liability, the principle of liability for wrongs has the advantages of multiplex and with precise logic thinking, should be introduced into practices of tort liability attribution in road traffic accidents. Investigation of legislation and prejudication shows that for the collocation of tort liability in road traffic accident, the principle of liability for wrongs were used in many countries and regions across the world. For the principle of liability without fault, its oneness property makes it can't be adopted in the field of tort liability for traffic accident. Nevertheless, through investigating legislation and prejudication in other countries and regions, we can find that in modern society, life value respect and health right protection is essential, people's natural wayleave need to be safeguarded, and the value of law should be realized comprehensively. Herein, for victims in road traffic accident, the principle of liability without fault has outstanding advantage in damage compensation, and is favorable to give victims special protection.There is a legislative vacuum in the item 76 of China's road traffic safety law, which prescribes the civil liability of tort in traffic accident. The dual criterion model of liability established in it is not very rational on the collocation of tort liability. The vehicle third-party compulsory insurance is unfit for the title and cannot promote the function of the criterion system of liability. The rebuilding and reconstruction of the item 76 is imperative. In China, the criterion system of liability of tort liability in road traffic accident should be based on the principle of liability for wrongs. For special damage (except for the harm of vehicle driver), we can take the principle of liability without fault and give a baseline proportion of compensation for this kind of personal harm. Furthermore, a corresponding multi-level liability realization and social salvation mechanism should be established.