The Research On Qualitative And Behavior Motivation Of Traffic Accident Responsibility Configuration

In the theory field, dispute about the terms and conditions of the dispute betweenthe objective is expected to make the"law of road traffic safety" can be implementedin a better degree. The focus of the debate is mainly focused on article76. Such as alarge number of scholars think there are some conflicts when different scholars definethe nature of doctrine of liability fixation to fix the liability of two parties, the vehicleand the non-vehicle drivers and pedestrians; other scholars conduct some research onthe effect of incentives in the existing law and regulations, between the two parties tocomment whether these regulations can provide the most optimal incentive for motorvehicles and non-motor vehicles drivers and pedestrians. Besides these disputes, thereare kinds of ideas. There are much debate on article76. The author wrote this articlejust from two angles, namely the nature of liability fixation between the non-motorvehicle drivers, pedestrians and vehicles, and on the basis of liability fixation theessay analyzes existing law’s incentive bringing to the two parties. The authorattempts to analyze the incentive between motor vehicles and non-motor vehicledrivers and pedestrians with analysis way of law and economics, through the analysisthe author finds some deficiencies and then she puts forward her own opinions.This article’s first division defines the nature of the two parties’ responsibility,and the author, through sorting and analyzing relating information and data, findssome problems during the process. After analyzing and dealing with them, the authorputs forwards her own ideas--the liability fixation ought to be divided into two parts:fault liability and liability of indemnity, the two together consist in the final liabilityfixation. Then on the basis of determining the nature, the author uses the analysis ofthe game matrix method which is commonly used in economics method, through a cost-benefit analysis used for designing between the non motor vehicle drivers,pedestrians and motor vehicles incentive situation analysis, on a more intuitive level,the author shows that motor vehicle party shall share the majority responsibility, butshould not protect the non-motor vehicle drivers and pedestrians too much. Assignmotor vehicles too heavy duty of care may make its prevention inputs too high toinvoke incentive to keep appropriate prevention and lower the level of traffic accident.The legislative’s aim of "law of road traffic safety" is "people-oriented", as aprotection law of traffic safety, reducing the traffic accident to be really"people-oriented", from the legal level to ensure that at least try to perfect the relevantlaws and regulations, to better serve practice, which is so important.