Road Traffic Accident Tort Joint Liability Study

Road traffic accident damage compensation cases are the main types of infringement cases, all through the ages in civil cases to account for a higher proportion. This kind of cases remain high, is apparently due to motor vehicle has increased per capita road resources and the road leading to the contradiction between the demand of; is the root cause of the road infrastructure, traffic supervision level lags behind and the safety of the citizens law consciousness vacancy of contradiction between; the deeper reason is the lack of legislation, conflict and regulations, guidance function disorders the contradiction initiated.Due to road traffic accidents the complexity of the cases, diversity, the existing laws and regulations on some problems of lack of legislation, and the conflict of legislation, legal difficult problems caused by. The problems encountered in practice are: joint and several liability imputation principle to determine the main body, grasp the fault ratio, the exercise of discretion, uninsured strong insurance to pay compensation amount. The trial practice in the referee criterion not uniform, resulting in the outcome of the trial question, cause party petitions, complaints, objectively affect the judicial credibility. Based on the above issues, this paper intends to road traffic accident tort joint liability as the breakthrough point, from tort joint liability legal basis, combined with the road traffic accident tort joint liability of foreign law comparative study and trial practice in the typical case, the troubled judicial practice difficult problem systematically. On this foundation, to our country road traffic accident liability for tort legislation deficiency offer shallow view of the individual, with period undertake beneficial academic exploration.This text is divided into four parts:The first part of tort joint liability. Mainly on the tort joint liability concept, theoretical basis, types, causes, responsibility of.The second part of the road traffic accident tort joint liability concept, legislation and the legislative current situation of our country is discussed. The third part of road traffic accident tort joint liability legislation and application. The main view of the current legislation on deletion and conflict issues, combined with a typical case in the trial practice, and puts forward some personal views.The fourth part of our country road traffic accident liability for tort legislation. Based on a case study of the enlightenment, the legislative omission and the conflict of legislation, put forward several suggestions to perfect legislation.