On The Right-of-way Conflict In Motor Vehicle Comity To Pedestrians

With the development of modern society and economy,the urban traffic road resources are increasingly tense,and the right of way conflicts between different traffic subjects are more and more prominent,especially between pedestrians and motor vehicles,which highlights the value game between efficiency and fairness.How to deal with the right of way conflicts between pedestrians and motor vehicles,make rational use of resources,and speed up the efficiency of road traffic safety is a problem worthy of attention.In order to solve the conflict between vehicles and pedestrians on the crosswalk,”Pedestrians go first” policy is the common choice of many local governments in China.This paper is divided into five parts:The first part is include three case with the “Pedestrians go first”,refine three focus issues:first,when cars and pedestrians meet at a crosswalk,how to judge pedestrian's traffic condition correctly and how to stop and yield correctly;second,at the intersection with the light,when the direction of the car is green and the pedestrian runs through the red light,how to allocate the responsibilities of cars and pedestrians;third,when a pedestrian running a red light involves more than one vehicle,how to allocate the responsibility.The second part is to analyze the relevant problems of the conflict of the right of passage among the comity pedestrians.Firstly,it introduces the relevant provisions of the laws and regulations of our country on the right of way of pedestrians and motor vehicles,as well as the provisions of provinces and cities on the courtesy of pedestrians;secondly,it analyzes the right of way conflict.First,the essence of the conflict of rights is analyzed from the conflict of interests and the conflict of values.Then,the three manifestations of the conflict ofright of way are listed: first,at the intersection without signal lights,when motor vehicles and pedestrians meet at the zebra crossing,they fail to judge the intention of both sides,resulting in the conflict;second,when the straight and right turn signal lights are integrated,both pedestrians and motor vehicles enjoy the legal right of way,resulting in the conflict here Thirdly,in the normal process of motor vehicles,pedestrians do not follow the signal light,and step on the zebra crossing at a red light,which will produce a conflict between the legal right of way of motor vehicles and the right of life and health of pedestrians.In the accidents caused by pedestrians running the red light,there is also a contradiction between the illegal exercise of the right of way by pedestrians and the legal passage of cars,and pedestrians have tort.The formulation of the rules of comity for pedestrians is the product of the actual needs,which is reasonable and legitimate.After the specific implementation of the rules,the conflict between motor vehicles and pedestrians at the zebra crossing is reduced.Even in the special case of pedestrians running the red light,because the right to life and health of pedestrians is the basic right of citizens stipulated in the constitution,and is the premise for citizens to enjoy all other rights.It is stipulated that at this time,motor vehicles must be courteous to pedestrians,which is in line with the needs of the public interest and the inevitable requirement of the rule of law for the people in China.At last,the paper analyzes the different opinions of the academia on whether the behavior of pedestrians in the process of crossing zebra crossing should be regarded as continuous behavior or procedural behavior.The third part is to analyze the dispute focus of the case.In the analysis of pedestrian traffic state,the Court adopted the continuous behavior theory to explain this problem,but if a series of pedestrian behaviors are regarded as a whole process,the use of process behaviorcan better solve the problem of motor vehicle drivers' judgment of pedestrian state;when the pedestrian runs a red light and the motor vehicle conflicts,the pedestrian's right of life and health is more than the motor vehicle's right of way Valuable,based on the protection of life,motor vehicles should bear certain responsibilities;when the accident involves multiple motor vehicles,even if the second motor vehicle's sight is blocked,it should slow down before driving to the zebra crossing to avoid accidents.When it fails to fulfill the obligation of giving way,it should bear certain responsibilities.The fourth part introduces the rules of comity to pedestrians and the penalties for pedestrians running red lights in foreign countries,which provides useful information for the following suggestions.The fifth part is to analyze the shortcomings of the rules of comity for pedestrians and suggestions for improvement.There are some shortcomings in the implementation of the rules of comity for pedestrians:the rules of comity for pedestrians running a red light are not clearly stipulated in the legislation,and the laws and regulations do not have a mandatory punishment mechanism for pedestrians breaking the law;law enforcers usually do not strictly enforce the law for pedestrians running a red light,which exposes the inaction of law enforcement,in the case of a large number of violations,the law enforcers are not competent;the legal consciousness of the masses is weak Thin,the rules as a joke,lack of sufficient awareness of compliance with traffic regulations.In this regard,it is necessary to improve the relevant provisions in legislation,clearly formulate the rules of courtesy when pedestrians run the red light,take compulsory measures for illegal acts of pedestrians,and increase the types of penalties;law enforcement officers also need to strictly enforce the law and reasonably enforce the law,so that the status of law enforcement agencies can be improved in the hearts of the people;improvethe awareness of the masses to abide by the traffic laws and regulations,and increase the awareness of relevant laws and regulations Propaganda,strive to make everyone understand the law,everyone abide by the law,and reduce illegal acts.The original intention of the implementation of the code of comity for pedestrians is to protect the rights and interests of each traffic participant and the traffic efficiency.The reasonable formulation of rules and the solution of the conflict of the right of way are conducive to improving the traffic efficiency,promoting social civilization,constructing the traffic by law,and forming a good atmosphere of abiding by the law.