| Since our country's initiation of reform and opening-up program, motor vehicles bring high-speed development for Chinese economy. At the same time it makes the protection on victims of vehicle accident more and more difficult. Road traffic accident and the problems about compensations for traffic victims have become very serious in china, and the most crucial factor which influences the compensations for victims is principle of liability attribution.Most old articles take time as a clue and traffic regulation establishing course as main reference. This article take principle of liability attribution as a clue, elaborates separately how to apply these principles (principle of fault liability and no-fault liability) of liability attribution and various opinions on those in various countries. Through which, we could help resolve current disputation about principle of liability attribution, provide referenced opinions and struggle to perfect our country's traffic regulation system.This article elaborates from the following four aspects.The first section is exordium, which introduces the definition of traffic accident and discusses what accident is a traffic accident. Through analyzing high frequency status in quo of traffic accident, many problems in reality are displayed: so many traffic victims can not get timely rescue; many of them can not get suitable compensations and victim's benefits will not be safeguarded. Who should shoulder the compensation liability? The most important factor is principle of liability attribution. Only proper and suitable principle could ensure that victim get timely compensation for their loss and the rights and interests of correlative liability subjects can not be infracted at will. Thus, study on principle of liability attribution has profound meaning both in theory and in practice.The second section is about the application of fault liability (including presumed fault liability). Fault liability (including presumed fault liability) aims to impartiality of liability burdening and decide traffic liability according to one's fault responsibility. This section starts with foreign principle of liability attribution. Countries which adopt fault liability are mainly Britain and some states in America. This section would analyze principle of liability attribution and the reasons in those areas. Then we should discuss fault liability in China before and after the Road Safety Code comes into effect. Our country adopt fault liability before the application of Road Safety Code and no-fault liability as a leading principle after that, but the liability distribution between motor vehicles still adopts fault liability.The third section discusses the application of no-fault liability on road traffic accident. No-fault liability works on traffic accident and inflictors shoulder the compensation responsibility once only special rules in law say that. At the same time no-fault liability not means one of or both parts do neither have faults but we don't mind that they have faults or not. No-fault liability is generally supported by insurance system. Traffic inflictors directly gain compensations from insurance agency and pleading against their violation of tort law is not necessary. Countries and areas which mainly adopt no-fault liability are French, some states of America, former Soviet Union etc. Traffic Safety Code in our country takes no-fault liability as a leading principle supported with liability insurance.In final section, I would sum up the former three sections and provide advice for perfection of our traffic accident rule. I would discuss the problems and defects in current legal system from road traffic liability insurance, social salvation fund, reduced and immune liability etc. The government should change current troubled waters properly and effectively through lawmaking or amending, so that not only the rights and interests of traffic accident victims but also that of inflictors and relevant subjects (such as insurance agent) could be protected effectively. |
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