Research On The Principle Of Attribution Of Motor Vehicle Tort Liability In Traffic Accidents

In the past fifteen years,the number of motor vehicles in our country has surged.While bringing us convenient life and fast transportation,it has also brought us many new problems and problems.From the perspective of legislation and judicial practice,it is obviously prominent The problem is that in road traffic accidents,the attribution of motor vehicle tort liability is difficult to clarify,and the entire liability system structure is not strong.In the problem of motor vehicle infringement in road traffic accidents,the principle of liability as the primary standard and the principle of compliance must determine whether the framework of the entire tort liability rule system is perfect.The judicial department should have made clear provisions on it at the legal level,but currently in China,although the relevant laws have certain rules for the identification and handling of accidents,Article 48 of China's current Tort Liability Law and Road Traffic Safety Law Article 76 stipulates the situation of damage compensation and related punishment provisions,and this is also written in the Civil Code(Draft)drafted at the end of December 2019.However,the theoretical definition of these legal provisions' determination rules is not clear and unclear,which leads to the confusing understanding of the attribution of liability and the application of the tort liability attribution principle in the determination of traffic accident liability in judicial practice.Therefore,it is necessary for us to improve the structure of the entire motor vehicle infringement liability blame system through the discussion of the liability principle of motor vehicle traffic accident liability determination.As the tort liability of motor vehicles is a special tort liability expressly stipulated by law,it has the basic characteristics and special value that distinguishes general torts.The established motor vehicle road traffic accident infringement liability principle is the core,combined with the current Article 48 of the Tort Liability Law and Article 1213 of the Civil Code(Draft),the liability and its The principle of attribution analyzes the most basic concepts and discusses the logical basis for the application of the principle of fault liability or the principle of no fault liability in different situations.At the same time,this article will refer to foreign legislation,and contact domestic realities and problems arising in judicial practice,theoretically explore the reasonableness and inadequacies of the establishment of this system,and the liability system for motor vehicle tort liability in different legal systems discuss the content,characteristics,evolution and structure of the legislation and summarize that of the relevant laws and regulations,and analyze the system structure of the principle that it has the liability for motor vehicle traffic accidents,After clarifying the basic concepts in the motor vehicle infringement liability system,reviewing the evolution of relevant legislation at home and abroad and summarizing its deep rules,after discussing and analyzing the logical basis and legitimacy of the existing system architecture,this article will focus on the principle of liability.The system's civil law positioning,legislative content,and specific blame principles analyze the defects of the existing blame principle system,and give some suggestions and methods to improve China's motor vehicle tort liability system.This article believes that the relevant research on the principle of liability for motor vehicle traffic accident tort liability must be considered in a comprehensive manner and comprehensively considered.In the continuous evolution of legislation,in the continuous development of practice,and in the continuous revision of the theory,we should keep the forward direction and constantly obtain beneficial results.Therefore,in the future legislation,we should fully pay attention to the civil law positioning of the relevant tort liability system,continuously improve the specific content of the relevant legislation,clarify the specific liability principle of the entire tort liability system,and should give full play to the conclusion of the principle of negligent offset,At the same time,we should improve and perfect the insurance compensation system and increase channels for social relief.