The Legal Attribute Of Liability For Traffic Accidents

Accident liability in traffic accident crime refers to the force acting on the result based on the relationship between behavior and result.But the traffic interpretation issued in 2000 takes accident liability as an indispensable condition for traffic accident crime.The application of this interpretation has gone through the process of academic support from support to doubt,and then to explore the legal nature of accident liability,and to find a reasonable basis for traffic interpretation.Generally speaking,traffic is illegal and undertakes secondary and above responsibilities,which indicates that the perpetrator violates the obligation of the result foreseeing and the obligation to avoid the result,and this exactly affirms the existence of the practice.In most cases,no matter the primary and secondary responsibility of the accident,we can prove the formula of "no A without B",and it can still distinguish the degree of accident liability after the existence of the proof condition.Therefore,from the perspective of enforcement behavior and fact causation,it can not provide a reasonable basis for traffic interpretation.It is the common choice of the two to judge the equivalent causality or objective imputation with the possibility of avoidance.According to the view that the avoidance possibility is dominant,the possibility of avoidance is more than 50%,and the behavior is attributable to the responsibility.At this time the person is responsible for the main responsibility.This view provides a more reasonable basis for traffic interpretation,but there are still some problems to be solved in its own theory.If the liability for accident is not necessarily an essential element,from the perspective of illegality,based on the interest measurement or social equivalence,the accident liability is a kind of illegal hindrance,and it may be a valuable idea.