On Joint Liability In Traffic Accident Tort

With the improvement of the level of social economy in China, more and more families have got their own cars. However, because of the poor transport facilities and the weak consciousness of the citizens'traffic safety, traffic accidents are gradually becoming the first killer to threaten people's healthy life. It is impossible to manage them in a short time. So it is essential to study the laws for those who were unfortunately killed or injured in traffic accidents on how to get the most effective relief.China has not yet enforced a unified civil code. Besides, in the area of tort law, no specialized requirements are made for this serious infringement of traffic violations. Particularly with regard to traffic violations in the application of the associated responsibilities, the regulations of the law are not very perfect; and even on the vehicle guarantor in the application of the associated responsibilities, the relevant laws and regulations are deficient. All this makes the judicial practice in the chaotic situation. Therefore, on the issue of traffic violations in the application of joint and several responsibilities, it is the key to solve the problems whether one must strictly abide by the traditional rules of associated responsibilities among the Common violations, or the application of the associated responsibilities should be expanded moderately, which is on the base of the general theory of common violations and on the main line of a compromise in the theory of common violations and of the dangerous responsibilities.In my opinion, the modern tort law is gradually changing from its responsibility of the original punitive functions to the damage compensating social function. The aim of legislators is to equal the interests of the community and the victims; to get the most effective relief and finally to achieve real fair, which is the basis of a balance of interests methodology cited from the common tort theory adopted by the compromise. Therefore, in the accidents, the number of people without meaning infringement cases should be contacted although those people have no mean to violate. But the action of violations with the same damage caused directly is considered as the common violations of the applicable tort people responsible. The criteria for judging between the direct integration or indirect one depend on whether it has the cause and effect or not.The law in China does not provide anything for the people of motor vehicle-related responsibilities. I believe that it is necessary to expand moderately the motor vehicle-related responsibilities on the basis of the theory of dangerous responsibilities; the interests of ownership and the theory of the operational control.