The Imputation Principles Of Traffic Accidents

With the rapid development of economy and the living quality of people in China ,the number of vehicles goes up quickly.And it led to many personal injury accidents ,even many people died of the injury .Vehicle traffic accidents cause huge damage of social treasure and threaten the lifes of people.Thus the vehicle traffic accidents has become a social problem .According to the civil law , traffic accidents damage is caused by a tort ,and we should supply the responsibility principles of tort liability to establish the responsibility.But there is a question about how to apply the principles .There are many different ideas on this question .And this paper tries to comment on the different ideas and give out its own suggestions.There are six parts in the paper apart from the introduction .Part I : Torts are actions taken by civil subjects who violate civil duty and encroach upon others' legal rights and should therefore hold civil liability.Part II: Imputation principles are basic rules of imputation. They set standards to judge whether the doer should hold civil liability. The evolution of the imputation principles undergoes a change from liability for fault to liability without fault.Part III:Laws has its value. When a system is designed, values shared by humans behind the system should be taken into account. This paper analyzes the value orientation of various imputation principles.Part IV: There are several imputation principles, namely, liability for fault, liability without fault, imputation principle of fairness, fault deduction principle.Part V : As a principle of law of tort, imputation principle reflects important social values and changes at a slow rate. Several restricting elements are found from the study of its evolution.Part VI: This paper studies the imputation principles of traffic accidents. And the paper holds that imputation principles should vary due to specific situations. The principles should compensate but not contradict each other; the system of the imputation principles should reflect the whole function of law; such system should be extendable and can guide the solution of various cases; and it should have specific law basis. Traffic accidents have two basic categories: the accidents between vehicles and the accidents between the vehicle and foot passenger. This paper holds that strict application of liability for fault for the former while liability without fault for the latter.