Law And Economic Analysis Of The Liability Priniciple Of Traffic Accidents Torts

With the improvement of people's living standards,the number of residents who own motor vehicles is in a state of rapid growth,so the number of traffic accidents is also increasing sharply.Imputation principle of tort liability in traffic accidents can guide and inspire the behavior of people in traffic activities.The principle of effective imputation can encourage the participants in the traffic activity to do a good job in advance and achieve a reasonable distribution of post-responsibility,which can reduce the occurrence of accidents,social costs.Therefore,it is necessary to formulate a reasonable and effective imputation principle of tort liability in traffic accidents,which is the criterion and basis for the distribution of liability when the judicial organ dealing with the traffic tort liability cases.According to the unequal status of the accident participants in traffic accidents,traffic accidents can be divided into two types: the traffic accidents occurring between motor vehicles;the traffic accidents between motor vehicles and non-motor vehicles and pedestrians.The relative fault liability principle is the reasonable liability principle to deal with traffic accidents between motor vehicles;To the traffic accidents between motor vehicles and non-motor vehicles,the principle of imputation can be divided into such kinds: the principle of no responsibility;the strict liability principle;the principle of fault liability for fault defense;the principle of strict liability for fault defense;the principle of strict liability for double defense.I retrieve a total of 645 classic judgments of China's traffic accident infringement liability disputes cases,in which there are 122 cases of controversial classic cases about second instance.From reading the 122 classic cases carefully,the author found that the imputation principle dealing with the tracffic accidents between motor vehicles and non-motor vehicle have the problem of not clear.The problem will cause unfairness in some extent.The paper under the premise of "bounded rational person",using the game theory and cost-benefit analysis theory to analysis these imputation principle of tort liability in traffic accidents.The result shows that the relative fault liability principle is the most effiectve principle to deal with the accidents occurred between motor vehicles.The principle of strict liability for double defense is the most effiectve principle to deal with the accidents between motor vehicles and non-motorized vehicles.In China,the principle to deal with traffic accidents between motor vehicles is the relative fault liability principle.For the traffic accidents between motor vehiclesand non-motorized vehicles,China's current principle is the strict liability of the motor vehicle side and the limited fault liability principle of the non-motorized vehicles sides.By comparing these two principles of imputation,it is found that the principle of imputation that is currently uesd in China can lead the two sides of the accident make a careful choice in any case.But the used principle in China now can be improved.Therefore,this paper proposes to further clarify the responsibility between the participants in the principle of attribution,and to build a more perfect insurance system and traffic assiatance fund to support the application of the principle.