Stragetic Analysis Of The "Second Rolling" Behavior In Traffic Offences

With the development of transportation, lots of traffic accidents pour out. Meanwhile, the "Second Rolling" behaviors in traffic accidents often appear in recent years, and the unspoken rule of "rather knock to dead than to be disabled" is forming gradually. This problem shall be solved as soon as possible, otherwise, it will badly affect the authority of law and the society' smooth running. As the economic analysis of law with high quantification, by its science and operability in analysis, can supply effective analytical tools for the design of the legal institution, this thesis analyses the reasons for the problem mentioned above with the hypothesis of rational man and searches for the fundamental institutional root cause:abnormal expectation of civil compensation caused by unscientific legislation and inadequate popularization of legal knowledge in the course of execution. Following, this thesis formulates several strategies to perfect the regulations:firstly, to enhance the publicity on legal responsibility system and to improve the acknowledgement of civil and criminal responsibility system via approaches such as to add the examining legal responsibility for the "Second Rolling" behaviors as part of the driving test so as to make the traffic offenders realize that they shall also consider the criminal responsibility which is as important and possible as civil responsibility instead of weighing civil compensation responsibility only. In other words, if a driver committing the traffic offences chooses to take the "Second Rolling", he shall not only shoulder civil compensation responsibility, but also be sentenced even to death in the name of intentional homicide. Besides, raise the possibility of the perpetrators'being captured by equipping more surveillance cameras so as to increase the probability of their assumption of criminal responsibility. Combine the reinforced awareness of assuming legal responsibility and increased possibility of being captured to enhance the deterrence of criminal responsibility practically; secondly, with respect to the institutional cause root of the "Second Rolling" in traffic offences, correct the present civil compensation system, so as to make the severity of traffic accident results to be in direct proportion with the expected civil compensation load so as to realize the social positive effect of legal regulations by making use of the reason of rational economic man. Considering the present political and economic development in China as well as legal system construction status quo, with the principle that the compensation burden should be lighter when the perpetrator in the traffic offences just causes injury to victims than that if he causes death, this thesis designs several institutional strategies :the first one is to revise present legal regulations so as to make the perpetrators form higher compensation expectation about knocking the injured party to be dead than to be impaired; secondly, to transfer the following reimbursement load deemed to be unlimited to society to realize the above aim. Specific ways can be to increase the payment limit of the Compulsory Traffic Accident Liability Insurance, or to establish specialized non-profit foundation to shoulder such following reimbursement load in the light of the design thinking of present Compulsory Traffic Accident Liability Insurance and so on. Then, with the cost-benefit analysis and the theory of behavioral economics, this thesis weighs these institutional designs and compares their costs in reality, so as to find out a rational institutional strategy which can eliminate the "Second Rolling" behaviors in traffic accidents as well as maximize the efficiency of legal system construction, which is to raise fund from all the citizens, and operate the fund in a marketed way by existing economic entity to make profit, part of which can be returned to the funders and the rest can be mainly used to establish national foundation to compensate victims in traffic accidents and to take the place of compensation from the traffic offenders so as to maximize the efficiency of legal institutional supply and present justice value of law.