The Principle Of Right Of Way, The Road Traffic Act

In short, the right-of-way is the right that people have to use the roads. Road traffic is not only an important component of human transport activity, but also an integral part of people's social life and economic activity. From the times when people could only walk, the right of the road existed naturally. With the transport activities developing to the direction of the complexity and scale, traffic problems came into being. However, the habits of giving way, the traffic rules and the forbidding act which people formed in the process of thinking and solving problems gradually rose up to rational cognition and was determined by the road traffic law. The road traffic law is to ensure traffic participants consciously or are forced to obey, which protects traffic participants' legitimate right-of-way from violation, and guarantees road traffic safety and efficiency. The principle of the right-of-way has become the main contents of the road traffic law.China has become the world's first auto market. China's automotive production and sales in 2009 ranked first in the world surpassing the United States. Stepping rapidly into the auto society, however, when enjoying the convenience the car has brought about --shortened distance and improved traffic efficiency, people have to face a series of traffic problems such as car accidents and congestion. In this case, how to assign the right-of-way to different traffic participants has become a tough problem for the road traffic governor. In the late twentieth century, some cities in China have issued a so-called "not responsible for bumping people" requirement, which, in some cases, was questioned by the public of which was more important, "the right-of-way" or "the right of life". Since then, with regard to safety and efficiency, management measures which restricted certain means of transport like "no electric motorbike" and "no motorbike" have been introduced in some cities one after another. The United States and Japan where the development of motorized transportation system started earlier and formed a car-based road transport system, gradually developed a complete hierarchy of right-of-way, the basic principles and supplementary measures. In comparison, some have been applied in practice in our road traffic laws and traffic management, while others require adjustment in accordance with the development of the road traffic in China.This paper begins with the basic concept of right-of-way, and a comprehensive analysis of domestic and foreign content on the right-of-way, combined with the actual management of road traffic, which leads to the definition of the right-of-way and its acquisition, change and scope. Then, based on an important carrier of the principle of right-of-way the development process of the road traffic law, the paper summarizes the basic principles of the right way and its protection measures. Meanwhile, some restrictions in road traffic law of China, traffic rules, and liability for violation of rights of way and remedy are to be compared with the contents of foreign corresponding. Hopefully, this can provide a valuable reference and recommendations to the improvement of relevant legislation and practice.This article has three chapters as follows:ChapterⅠdeals with the basic concept of right-of-way. Referring to the research which results from home and abroad of the content of right-of-way, the author defines "road" in the property, and then analyses the content of right-of-way through wayleave and priority, which leads to the conclusion that "right-of-way" is the right that people have to use the roads. Wayleave says that traffic participants have the right to use the roads as long as they obey the law. The latter says that traffic participants use the roads one after another according to give way rules. On this basis, the first chapter defines the acquisition, change and scope of the right-of-way.ChapterⅡlooks back on the domestic and international development process of the road traffic law. The right-of-way is institutionalized in the road traffic law. And through it can the right-of-way be complied with by traffic participants. The principle of the right-of-way is the main content of the road traffic law, whose development shows the continuous development and enrichment of the principle of the right-of-way. First, the chapter defines the road traffic law, which refers to the laws, decrees, regulations, rules, byelaws, etc. Second, it introduces the course of development of road traffic law in foreign countries. The restriction of the right-of-way dated back to the ancient Rome. After the World WarⅡ, the road traffic law became stable and mature. The chapter highlights the formation of clear hierarchy of the right-of-way in the United States and the timely amendment of the road traffic law in Japan. Finally, there is an introduction to the development process of the road traffic law in China. Long ago in the Tang and song Dynasty, traffic management such as the separate lanes for passengers and vehicles, in and out, and give way rules determined by "Yi Order" was practiced, but then did not have great development. In the declining late Qing Dynasty, the road traffic law developed abnormally under the concession. It was not until the 1930s that the first national road traffic law was introduced. After the founding of the People's Republic of China, the rapid growth of the cars caused serious problems like traffic accidents and traffic congestion. The problems led to the formal promulgation and implementation of Road Traffic Safety Law which basically formed a road traffic law system involving the laws, administrative regulations, administrative rules, local rules and regulations and technical norms, standards.ChapterⅢis to summarize the principle of the right-of-way in the road traffic law based on the development process of the road traffic law which is introduced in the previous chapter, It highlights the most basic rule-choice of the right side or the left side of the line, the basic principles of safety principles, traffic separation principle, principle of the giving priority to efficiency, as well as the role of the principle of right-of-way.ChapterⅣis the liability for violation of right-of-way and remedy. Violation of right-of-way is mainly the violations of the wayleave and the prevailing rules, which must bear administrative, criminal and civil liability. The author provides a brief introduction to the law, and focuses on the analysis of the shortcomings in current system. As for the right to remedy for violation of right-of-way, the problems of legal remedy in administrative penalties, traffic accidents and the wayleave restriction are to be analyzed. Especially the "permanent" wayleave restriction, which lacks legal constraints and remedy, has caused quite a few social problems.