Research On The Tort Liability In Road Traffic Accidents

Road traffic accidents are common,it accompanied by the huge amount of property damage and the ultimate physical damage,how to balance the precious life and the efficiency of motor vehicles,as legislators,it is a burden.On the one hand,they need to develop traffic rules to prevent damage,on the other hand,they need to appease the victim to obtain fair.Law on Road Traffic Safety "has been criticized for scholars,the application of judicial practice exists a variety of problems.Tort Liability Law was not specify how to deal with such situations in detail,and the burden was still on the Road Traffic Safety Act.The liability principle on traffic accident is a rule that people judge who confirm the responsibility in a traffic accident.According to the article 76 of Law on Road Traffic Safety,this paper establishes the imputation system which the legislature attempts to construct on the basis of the cognition of the liability principle.What is the relevant imputation system of our country on road traffic safety? We should apply the article 76 properly,rather than one-sided interpretation.The law build multilevel liability principles,with the limitation of third party liability insurance,the motor vehicle bear the liability.When a traffic accident occurs between motor vehicles,the fault party bear liabilities.But when a traffic accident occurs between the motor vehicle and non-motor vehicle,non-motor vehicle need more care.According to the differences between the two sides,the applicable principle of liability and the scope is different.Especially all of them don't make mistakes on both sides,there is no enough evidence to prove who makes mistakes.the accident between the motor vehicle and the non-motor vehicle,the motor vehicle should assume full responsibility.If someone think in such situation the motor vehicle bear no more than 10% of the responsibility,I don't agree,It is unfair.If the motor vehicle can prove that non-motor vehicles make mistakes,they can assume no more than 10% of the premise of responsibility.Otherwise,when the accident between the motor vehicles are no fault,they may bear half of the responsibility,but when they face the non-motor vehicle,the motor vehicle can claim to bear such a minimum responsibility,the rules does not match the common sense.This paper provides some shallow suggestions on the problems in the application of Article 76 in the last part of the article,by the interpretation of the law,and finding the fault application,and the improvement of the relevant system,and giving some advices how to solve who assume responsibility in traffic accidents when both sides make no mistakes.