Study On The System Of Road Traffic Accident Liability For Tort

The rapid development of road traffic, the convenience also triggered a lot oftraffic accidents as we, therefore research on the liability system of road trafficaccidents is very necessary. Imputation principle is the basic premise to determine theroad traffic accident responsibility, our country road traffic by experienced changesseveral times, and eventually established the basic imputation principle to theprinciple of presumption of fault, fault liability supplement. The basic idea of theguidance of this principle, be specifically defined for each special roads form of tort.Concerning the specific way of tort liability subject in China "tort liability law" onlyfive articles, has been seriously ill should the complex traffic environment, in2012the Supreme Court implemented the "on the trial of the law applicable to a number ofroad traffic accident damage compensation case explanation", the rich subject specificway of tort liability, provides a practical basis for judicial practice. Provisionsconcerning such matters but throughout China’s laws, regulations and judicialinterpretations, mostly in the form of lists confirm the main responsibility and itsscope, not a complete system. Therefore, the author from this point of view, the studyof traffic accident liability system.The article is divided into four parts:The first part of the various elements of the road traffic accident liability, so thatthe road traffic accident liability in-depth study to provide theoretical support.The second part mainly introduces the responsibility principle of road trafficaccident. By understanding the development of liability principle in foreign countriesand domestic imputation rationality, the imputation principle in our country at presentapplies, and points out some problems in the current principles exist, for example,applicable condition, applicable scope is not strict enough, clear.The third part is mainly on the subject of liability for tort of the road. Throughthe specific standard clarifies that, combined with the new introduction of judicial interpretation of the main responsibility of the various defects of current laws, judicialinterpretations in China in accordance with.The fourth part mainly aims at the above problems from the principle ofimputation, responsibility subject type definition, system perfection suggestions.