The Application Of Law To Foreign Infringement Of Road Traffic Accidents

Because of the various kinds of historical, cultural, economic backgrounds and other differences, the legislations for road traffic accident are quite different among countries. When foreign infringement of road traffic accident occurs, it always brings along lots of conflicts of law. However,the process of such cases has strong influence on the related parties'interests, the public order and interest of a certain country, and also the achievement of the values of fairness and justice. Whether the imbalance of legitimate interests between the related parties would be rebalanced is affected by the judgment too. Therefore, it is quite significant to find out the applicable law which depends on the reasonable conflict rules.In the thesis, starting with the general concept, the conflicts and application of law about foreign road traffic accidents infringement among countries is being discussed by using the comparative analysis, empirical analysis and value analysis methodology. Hereafter, we should learn from the advanced and reasonable experience so as to make suggestions to construct the conflict rules in China.There are four parts in this thesis. In the first part, it is the general introduction to the related fundamental concepts of the foreign road traffic accidents tort.The second part is mainly about the conflicts of law reference to the foreign road traffic accidents tort, which caused by the different legal tradition, custom and system as well as the distinct economic development situations. Namely, conflicts about the rules of road traffic, the identification, the doctrine of liability fixation, the principle, criterion, extent, amount and the limitation of compensation, the scope of related parties and the limitation of action.In the third part, it is the general discussion on the applicable rules of law and the development of general tort and foreign road traffic accident infringement among different countries, and the description of Convention on the Law Applicable to Traffic Accidents.In the forth part, there is the suggestion and the explanation about the applicable rules to foreign road traffic accident tort in China by taking account of the specificity of road traffic accident and the advanced legislation of countries and the convention made in Hague.