Research On The Limitation Of Tort Liability In Traffic Accident

Freedom and security are two basic legal values,The task of tort law is coordinate the relationship of rights protection and behavioral freedom,and its basic function is compensation and prevention,that is,fill the damages suffered by the victims and prevent the occurrence of infringement.But as a main remedy for people's right,the tort liability system especially pay attention to the protection of victims,it is easily result in the infringer bear heavier responsibility.As a kind of special tort,it often involves more compensation when the accident caused injury or death.It is necessary to restrict the scope of indemnity and the measure of indemnity,and it is also the need of balancing the interests of both parties.But the research is inadequate in the relevant theoretical research of tort law,which makes The people's court confused in the trial of some special cases.Undoubtedly,seeking reasonable limitation rules has great importance to the balancing of the interests of both parties,the avoiding of unlimited expansion of responsibility and the unification of judicial standards in this context.This paper put forward two legal basis of limitation of liability for tort damages that is,the principle of equity and the theory of loss sharing in risk society,which based on the research of the basic problems of the limitation of liability for tort damages.Through the analysis of existing restrictive rules of the tort liability of traffic accident,and combined with actual cases,this paper considers that some of the existing restrictive rules in China has play an large role in limiting the liability of tort compensation,but it is a little weak when it comes with the difficult and complex cases.This paper draws lessons from the British and American approaches to the limitation of liability of traffic accidents,and considers that we can refer to the British American tort law and the foreseeability rules established in the contract law of our country in the face of difficult cases,thus we can reasonably determine the liability for compensation,combining with the legislation,law enforcement and judicial practice of the limitation of liability of traffic accidents in China.In addition,this paper considers that in order to ensure fair and reasonable,the system of limited compensation should also be applicable in the case of special traffic accident.At the same time,the third party relief channels should also be improved in order to better realize the compensation function of the tort liability system and the balance of interests between the infringer and the infringed.