On The Imputation Principle Of Tort Liability Of Vehicle Traffic Accident

According to the different actual situation, how to take legal standard will be different due to the different tort liability of civil subject, why the content and system of imputation principle of tort liability of China's vehicle traffic accidents, what problems exist and how it should be perfect, is the main purpose of this study.The imputation principle of tort liability of vehicle traffic accident, refers to the civil disputes or infringement disputes or the use of vehicle driving, the tort liability in tort attributed basic legal principles of civil subject specific or general standards. The main features include: running in the legal level, imputation principle should actually exist in the specific legal system of special legislation; imputation principle of tort liability of vehicle accidents must be pluralistic in concrete construction, and not a single; establish and embed the compulsory vehicle liability insurance the system enhances the integrity of vehicle traffic accident tort liability imputation principle.Through the analysis of vehicle traffic accident in China's tort liability imputation principle of legislative evolution, including: law can be summed up from the essence of the imputation principle of tort liability legislation design in civil interest distribution infringement dispute settlement; based on the imputation principle of tort liability legislation development and progress the traffic accident is changing traffic conditions in social and economic life of vehicle traffic accident; the imputation principle of tort liability legislation is subject to the evolution of Chinese civil law system of the whole development of vehicle traffic accident; tort liability imputation principle of legal content effect to a great extent to the traffic administrative department of the state law enforcement the basis of vehicle traffic accident; tort liability imputation principle of legislation changes and traffic Accident liability insurance system is closely related to the degree of perfection.Reference to the traffic accident of vehicles outside the imputation principle of tort liability legislation mainly includes: on the whole, the vehicle traffic accident tort liability imputation principle of the legislative attitude of the relevant countries or regions, are experienced in varying degrees from the principle of fault liability to change the principle of no fault liability; the whole legislation system, for selection vehicle traffic accident responsibility principle of tort legislation tend to be subject to specific countries or regions of the traditional idea of legislation and legal authority theory; closely related to actual operation in vehicle traffic accident liability principle of legislation in practice and the effect of traffic accident liability insurance system, the relevant national or regional legislation the selection of imputation principle is to fully consider the establishment of traffic accident liability insurance system and operation The relevant countries or regions to the vehicle traffic accident tort liability principle of the legislative choice is often subject to the profound impact of its mainstream social values and social culture.The vehicle traffic accident in our country the imputation principle of tort liability legislation in civil law review, should fully pay attention to the relevant legislation in the future orientation of tort liability system in civil law, tort law or complete construction of vehicle traffic accident tort liability imputation principle system; should continue to improve the relevant legislation of specific content, defines the basic concepts related to clear through legislation, the interests of property damage and personal interests damage distinguish will bear the corresponding tort liability of vehicle accidents to division and improvement, optimization of vehicle traffic accident tort liability subject related regulations; should be negligence and the principle of vehicle traffic accident tort liability imputation principle system to full integration increase the fault between non vehicles and pedestrians. The relevant provisions further clarify the fault phase and operation rules.