The Road Manager’s Tort Liability Of The Obstruction Of Traffic Causing Damage

With the rapid development of China’s economy, the transportation industry has made great progress, and the legal problems are also increasing. In practice,due to road obstruction caused by vehicle or loss caused by infringement disputes abound, such acts seriously affected the normal operation of public road safety. With our current laws and judicial practice, there are two subjects of liability in the dispute of the obstruction of traffic causing damage.Namely the implementation of the specific tortfeasor stacking, dumping, spilling and the road manager. Therefore, road managers who have management responsibility should also bear the corresponding liability, but the existing laws and regulations do not provide definite criterion about of the infringement act and the responsibility of the road manager. Therefore, it is of great significance that effective regulations of the omission of the road manager protect the public traffic safety.According to the basic principles of tort liability,it shall adapt the fault presumption principle to the road manager, the road manager shall bear the burden of proof. The tort liability of road manager should be constituted by act of tort, the facts of damage, the causation and the fault. The road manager usually presents omission that the negligence of the management caused the injury’s damage. The damage is mainly the personal injuries and property loss. Road manager’s behavior and damage facts should also has a causal relationship, the emphasis of judging their causal relationship is,if the road manager perform the corresponding duty and adopt appropriate measures can cause the damage relieved or avoid.The road manager not only shall take the laws and regulations and industry standard as the reference standard, but also achive the level of the duty of care of "reaonable man". And the resonable duty of care shall also consider the concrete situation with different facts to decide the degree of the road manager’s care of duty.In the level of tort liability, the criterion of "safety-protection obligor" defined by article 37 of the tort liability and the road manager dicussed in this article is simialr.So the road manager can be construed as "safety-protection obligor" of article 37 in tort law. Under the normal circumstances, the road manager shall undertake the supplemental liability. But due to the limitation of the second paragraph of article of the adjustment object, this clause is not able to cover all the infringement of the obstruction of traffic.The problem of road manager still have the space that it shall be applicable to the artcle 12 provisions of the tort law. So road manager also can undertake the liability on share. When to identify the scope of the liability of the road manager there exists liability form, that is the road manager undertake both the supplementary liability and the corresponding several liability.