Negligence For Victims Of Gross Negligence Exemption System

The comparative negligence responsibility tons over to the responsibility principle does not consider the behavior of the subjective mistake, but only has the risk by its behavior to take whether undertakes the responsibility judgment standard. Therefore, the comparative negligence responsibility turns over to the responsibility principle whether has disobeys the fair just legal spirit is always the dispute topic by legal theorists.As Traffic safety law promulgates , this dispute is increasingly intense, and affects to the entire society. This article attempts to obtain the effect which makes up to the comparative negligence responsibility system flaw, by researching reasons fou counterarguments of victim gross negligence of the comparative negligence responsibility system ,.The social value occurs which from the fair just legal value and the prevention harm embarks, the author advocated the gross negligence recognizing standard should be: Whether violates the beginging of attention voluntary of a ordinary person, also whether violates the person neglient of attention duty. While recognize the gross negligence standard , we must consider the science and technology development, the safe education thorough and the massive police warn symbol factors which is possible to the behavior influence. In order to make the recognizing of gross negligence with scientific nature and the objectivity, the author proposes: establishs negligence appraisal system, establishs civil jury recognizing negligence system and expands the forces liability insurance scope, establishes the forces liability insurance to the dangerous activity comprehensively.