On The Principle Of Contributory Negligence In Motor Vehicle Accidents In Damage Applicable

Since the issue and execution of "Law of Road Traffic Security of PRC", the problem, whether the traffic accidents happened between power-driven vehicle drivers/non-power-driven vehicle drivers and pedestrians can follow fault-balancing principle or not and how to use the principle has got popular concern by people . The basic condition of the fault-balancing principle and the regulations of damage compensation liabilities of the power-driven vehicles in traffic accident stated in the laws of the countries in the world, the basis of fault-balancing principle which is used in the field of the traffic accidents of power-driven vehicle and the problems that should be paid attention in the use of the fault-balancing principle are discussed in the paper and moreover the problems such as the necessity and standard and the measure of the fault-balancing principle are also expressed in the paper.Part 1: Outline of fault-balancing principle: The concept and composition and regulation value besides the origin of the fault-balancing principle in the compensation of the traffic accident of the power-driven vehicles.Part 2: The legal principle and law basis of the fault-balancing principle in the use of the damage compensation in traffic accident: Whether the fault-balancing principle can be used in the compensation of the traffic accident caused by the vehicle driving to the casualty or not is importantly introduced in the paper and the legal principle and law basis besides the opinions of the scholars are also expressed in the paper. The use of the fault-balancing shows the requirement of incarnated the diploid valuable demands, which are of justice and efficiency; the principle is helpful to realize the harmonize in rights and duties between vehicle drivers and pedestrians, to avoid causing traffic accident between victim and the third party and the regulations about the fault-balancing stated in relevant law and rules in practice can be defined.Part 3: The regulations and comparative analysis about the fault-balancing in the...