By Our Country Legal Liability Standard Establishment

The legal liability resides in the indispensable important position in the legal framework. Legal liability method minute structure important component. Legal liability standard establishment direct relation legislation fair, judicature fair and law enforcement rationality. But due to the lack of technical criteria of the setting of legal liability and the over-emphasis on the system setting, there are many severe irregularities in the current lawmaking process. This already the serious influence to the legislative quality and the government by law level of development, affected legal liability recognizing with the execution validity, affected to the legislation fair, the judicature fair and law enforcement rational realization. The focus of law science community is mainly paid to the system framework of the legal liability rather little attention is being paid on its technical standards. With this background, the topic of the paper is very necessary and sufficient. The paper shall make the case study on Road traffic security legislation of People's Republic of China.The paper shall make the case study on Road traffic security legislation, the paper follows the principle of Common-Special-Common study procedure. It starts with the study of the basic theories of legal liability and then analyzes the status of the Road traffic security legislation, pointing out the issues and resolutions. Finally, it draws common rules and criteria of legal liability. The first four parts respectively covers the basic concepts, subjects, criteria and content of Road traffic security legislation. Based on the definition of subject and categories of legal liability, the paper further analyzes these concepts of the Road traffic security legislation.In the fifth part, the author analyzes the current status of legal liability setting in the Road traffic security legislation, pointing out the problems. In the sixth part, the author proposes the following modifications and suggestions of improvement. In the conclusion, the author summarizes a few basic principles of legal liability setting, based on the above-mentioned studies.