Research On Tort Liability Of Road Traffic Accident On The Principle Of Imputation

With the development of society,people are more and more inseparable from a variety of convenient and rapid means of transportation.Since the development of the first diesel locomotive in 1886,more than 100 years have passed since the luxury owned by a few people has become an indispensable part of social transportation,gradually changing the way of transportation.Nowadays,with the rapid development of China's automobile industry,all kinds of new means of transportation are gradually integrated into the society.In recent years,the number of car ownership is increasing.With the strengthening of social measures,the number of motor vehicle accidents is increasing year by year.On the contrary,the number of traffic accidents caused by non motor vehicles and pedestrians is increasing.On the one hand,this phenomenon interacts with Internet products such as takeout and bike sharing generated by mobile Internet and non motor vehicles,but fails to solve the corresponding traffic problems in time;on the other hand,due to the imperfection of laws and regulations and the unreasonable principle of liability fixation,road traffic becomes increasingly unsafe.Reexamining the principle of imputation of traffic accident tort liability is conducive to maintaining traffic order,solving social disputes,protecting the safety of life and property of traffic participants,and promoting social development.Although China's relevant laws,especially the road traffic safety law of the People's Republic of China,stipulate the rights and obligations of traffic participants,strengthen the supervision of each link in the judiciary,and strictly implement the anti-corruption in the law enforcement,but the increasingly serious traffic problem is an indisputable fact.In the normal driving of motor vehicles without illegal acts,but the non motor vehicles and pedestrians seriously violate the traffic laws and regulations,or in the road traffic accidents mainly caused by the non motor vehicles and pedestrians violating the traffic laws and regulations,the motor vehicle side still bears the excessive liability for compensation;the non motor vehicles and pedestrians seriously violate the traffic laws and regulations but do not bear the corresponding liability;the insurance companies often become the no fault insurers to evade the liability Victims of the right to compensation.As a result,non motor vehicles and pedestrians ignore the road traffic rules,traffic order is chaotic,traffic efficiency is reduced and other social phenomena.This paper concludes that the above phenomenon is due to the fact that the principle system of tort liability rules for road traffic accidents is single and can not be applied to all traffic accident cases,the setting of the principle of liability fixation is still unreasonable and excessive to protect the non personalsafety interests of non motor vehicles and pedestrians,and the relevant supporting measures are not perfect and do not effectively govern the illegal acts of non motor vehicles and pedestrians.Only by improving the legal system of road traffic tort liability to apply the principles of traffic accident tort liability classification,changing the principles of traffic accident liability,such as increasing the duty of care of non motor vehicles and pedestrians,increasing the liability for compensation due to their violation of traffic laws and regulations,and treating personal and property losses differently in the liability of traffic accident tort,can the rights of all parties on road travel be balanced So as to resolve the civil disputes caused by traffic accidents and promote social harmony and stability.