Research On The Difficult Problems Of Traffic Accident Tort Liability Practice

Tort liability problems exsit in a large quantity of traffic accidents. Amoutful judicial practices have brought forth a set of methods directed by pragmatism. However, these methods are often not logically precise and disjointed with the theories about tort liability. Among these theories, those on the constituent requirements of tort liability are comparatively mature, therefore there are hot debates about these issues between the academic and practical circles. Looking into the most important elements of tort liability, i.e. the constituent requirements of fault and causation, this paper examines comparatively controversial and inflential cases in legal practice and tries to resolve these cases with consensus views.The most controversial issue of the tort liability in traffic accidents is the criterion of liability. This paper analyses the 76th provision of the Law on Road Traffic Safety from the point of practical operation, holding that judgement of traffic accidents lies more on the fault prinples rather than the equitable principles.The practical problems of fault elements of tort liability in traffic accidents are mainly reflected in the identification and discrimination between intentional tort and gross neligence, and gross neligence and common neligence, as well as the fault in traffic management and the fault of tort liability.Causation not only matters if the tort could hold water but also determines the scope of tort liability. Therefore, problems of causal relationship in traffic accident practice is more frequent. Meanwhile, the causal relationship is convert, and often takes the form of participation, injury ratio or indirect loss. In this regard, this paper manipulates the theories of causation to examine controversial traffic cases and summarize general rules with the help of Anglo-American laws and fact causality theory.Finally, based on the theory of constituent elements of tort liability, this paper puts forward the general operation criterion of determining the size of liability. In short, many of the practical problems in traffic accidents derives from empiricism, and taking full use of the theoretical research results is helpful to solve these practical problems.