Research On Tort Liability In Traffic Accidents On Road

The imputation principles of the tort liability compensation in traffic accidents provided in Article 76 in the Law of the Peoples Republic of China on Road Traffic Safety has brought about a hot dispute in China , which focuses on its value and economy. The author maintains, in the spirit of the rules of law and in the guidance of legal, to interpret the connotation of Article 76 from the law's point of view to meet the criterion of handling affairs abiding by the law and standards of justice under the existing legal framework. This paper mainly analyses those articles on tort liability in traffic accidents by using sophisticated theory.Chapterâ… defines some relevant concepts, such as traffic accidents, roads and vehicles and the traffic liability rating, briefly introduces the law sources system of the tort liability in traffic accidents and explains the differences as well as the relationship between "the liability of the parties" and the parties' "compensation liability to damages"Chapterâ…¡discusses the constituting elements of tort liability in traffic accidents. It mainly analyses the causal relationship and the subjective fault elements. It uses analytic theory of a causal relationship between traffic violations to confirm causal relations practice and explains the differences of the term "liability in traffic accidents" in the "Law of the Peoples Republic of China on Road Traffic Safety" and in the "Regulations on Implementing the Law on Road Traffic Safety" and the reasons it causes, and then it suggests reconstructing confirmation of the causal relationship in traffic accidents. Last it analyses the judgment on subjective fault made by the public security organ in the cases of recognizing who should bear the liability to traffic accidents, so as to prove that civil fault results from the combination of subjective and objective factors with "the theory of violation of the standards of conduct.Chapterâ…¢cards the imputation principles of tort liability in traffic accidents. The Law of the Peoples Republic of China on Road Traffic Safety has changed the way of applying to fault liability used in the past. Around Article 76 and taking the relevant provisions both in the "General Principles of the Civil Law" and in the "Law of the Peoples Republic of China on Road Traffic Safety" as complements, it has established a system of imputation principles of tort liability in traffic accidents including liability without fault, fault liability, strict liability and fair liability. However in the process of legislating the law there are still some flaws that the Law of the Peoples Republic of China on Road Traffic Safety does not especially provide the imputation principles of tort liability that better benefits the aggrieved parties in the cases when the vehicles involved in a traffic accident cause passenger'casualties, nor does it clearly define the supplementary principles of fair liability...