Negligence Offset In The Application Of The Motor Vehicle Road Traffic Accident

Tort liability law of negligence, the victim to the damage or expanded with negligenceis, the offender ’s liability for damages to reduce or exempt. While on the road trafficaccident damage compensation, because it belongs to the special tort, so it is to someextent with the contributory negligence specificity, i.e. as non-motor vehicle drivers,pedestrians victim of damage or expanded with negligence, reduce or exempt as motorvehicle driver’s liability for damages. However, at present our country about thecontributory negligence related stipulation is not comprehensive enough, so that the faultcan not be good to play the role of. In order to contributory negligence has moremeticulous research, make it play a better role, is divided into three parts:The first chapter: contributory negligence in a road traffic accident in the constitution.The part of the contributory negligence rule elements, respectively is the non-motorvehicle driver or a pedestrian has fault, the non-motor vehicle driver or pedestrian causingand injures the same damage occurring to expand, the non-motor vehicle driver andpedestrian behavior is improper behavior. On the negligence counterbalance in a roadtraffic accident in the constitution to have basic knowledge, for the next chapter ofcontributory negligence in the road traffic accident is applicable to no-fault principle, mainscope is and is closely related to third specific research foundation.The second chapter: contributory negligence in a road traffic accident in the scope ofapplication, including the responsibility scope and the application scope of subject. On theliability scope especially in the contributory negligence in the doctrine of no-fault liabilityon the application issues are discussed. And then the rules applicable subject area arediscussed. The contributory negligence in the principle of liability without fault in theapplication and the main scope is mainly the victims included is closely related to theissue of third people, as the contributory negligence in the judicial practice, the specificproportional fault problem provided academic basis.The third chapter: in a road traffic accident in the judicial practice, based on the twochapter of the contributory negligence based and problem research on contributory negligence, the suitable method of reason rule and superior risk bear rule were discussed,and the fault ratio, type of differential country by thinning the experience to our country inroad traffic the matter of contributory negligence application in judicial practice.