Study On No-fault Liability Of Motor Vehicle In Traffic Accident

Motor vehicle not only brings convenience to people's,but also because of its high speed,strong power and high risk,motor vehicle traffic accident bring to the victim's loss is also different from the general tort.Because of the high degree of risk of motor vehicles,when it occur traffic accidents with non-motor vehicles,pedestrians.And how to pay attention to solve it is the current social issues of common concern.Through the discussion of the current motor vehicle traffic accident liability principle,the research on the theoretical basis of the principle of no fault liability,and examines the relevant provisions on the principle of no fault liability outside the vehicle,the author thinks that in the field of traffic to continue to apply the principle of no fault is the right way to conform to the historical trend of development,in line with the international legislative practices,but not motor vehicles should be the direct subject of liability without fault,should be established to share the losses for the purpose,to the relief of the victim as the core,by the traffic compulsory insurance system,social rescue fund system as a means of relief,make the victim get full relief,and the protection of the motor vehicle shall benefit,on the basis of this,fairly handle the traffic accident to achieve.The main contents of this paper are as follows:Chapter 1:introduction.The second chapter is about the analysis of the fault liability of motor vehicles in traffic accidents.This chapter is based on the concept of no fault liability and no fault liability of the legal characteristics,the principle of no fault liability is applied to the traffic field theory is discussed,the concept and value orientation of tort law in their summary of evolution reflects the.The third chapter is the analysis of the current situation of no fault liability system in China.The first sort of law no fault liability for motor vehicle traffic accident in the current law,and then analyzes the current legal provisions have expressed provisions of existing logic vulnerabilities,aggravated the non-fault side of the vehicle,the burden of compulsory liability insurance system of motor vehicles and road traffic accident rescue fund system deficiencies from four aspects such as defects.The fourth chapter is the investigation of non-fault liability of motor vehicles in traffic accidents.This chapter examines the regulations in Germany,France and Japan as the representative of the continental law system for the transportation of non-fault liability system,and summarizes the common points,in the hope of perfecting the principle of no fault liability to provide inspiration.The fifth chapter is about the optimization path of the principle of no fault liability in traffic accidents.This chapter concludes that should implement the principle of no fault liability in the traffic accident,but the vehicle should not be directly liable for no fault liability,and proposed to learn from foreign experience,the two aspects of compulsory insurance system and social rescue fund system diversification in the traffic accident relief system from traffic.