On Supervisory Negligence In Road Traffic Accidents

As the number of road traffic accidents in China has ranking first in the world more than ten consecutive years, we should not ignore the grim situation any more. But owing to only investigate for the responsibility of the accident site personnel with little success, strengthening the supervisory responsibility of the regulatory staff behind the accident is the solution.However, our supervision negligence theory which mainly learning from the negligence theory of Japan is a responsibility system that based on elements of criminal negligence, such as attention ability, duty of care, causality and so on. The question is that this traditional model is difficult to solve the problems in the judgment about wrongfulness of supervisory negligent actions and the determination of the scope of the responsibility subject. As a result, we may as well break through the traditional architecture, and introduce the objective imputation theory to transform negligence theory on the basis of remaining valuable parts of the negligence theory. That is, taking use of a series of elaborate judgment rule and the exclusionary rule of objective imputation to resolve issues in objective aspects of supervision negligence, and using correlation rules between possibility-foreseen and obligation of avoidable result to the problems of extent of possibility-foreseen, and trust principle dealing with Restriction of possibility-foreseen. On the determination of liability subject, we must strictly distinguish between acts and omissions. In the aspect of acts, we can easily determine liability subject by the objective imputation theory and negligence theory. But in the aspect of omissions, we shall fist sort out the subjects of act duty from a large number of subjects of omission by revised causal processes dominance theory, and then deal with the problems in subjective and objective imputation.The reconstructed supervisory negligence responsibility system will be used to accountability for the liability of supervision negligence in road traffic accidents, the subjects of which are mainly divided into two types: corporate regulators and administrative supervisors. Since the corporate regulators are only responsible for their own factors involved in road traffic, the corporate regulators take the microcosmic regulatory functions. By contrast, administrative supervisors are responsible for the whole road traffic factors, and take the macro regulatory functions. As a result, the two types of supervising subject have significant differences in regulatory objects, regulatory responsibilities and regulatory properties which lead to differences in liability investigation.