Study On The Liability Of Highway Administrators In Cases Involving Damages Caused By Obstructions To Traffic

When vehicles on highways scatter objects that obstruct traffic,it can cause accidents and harm other vehicles and individuals.As the perpetrator is often difficult to identify,victims tend to sue highway administrators for compensation.Judicial practices regarding the fault and liability of highway administrators,as well as the application of laws and differences in judgments in similar cases,vary significantly.This paper uses case analysis and literature research,drawing on the theory of civil law interpretation,to address the competing issues of breach of contract and tort liability for highway administrators,the attribution of responsibility and fault determination,and the forms of joint tort liability between the administrators and the perpetrators,providing a reference for the uniform application of laws and consistent judgments in such cases.The first part introduces the issue by analyzing typical cases of compensation for damages caused by obstructions on highways,and identifying differences and problems in judgments concerning the nature of the liability,the attribution of responsibility,and the forms of responsibility borne by highway administrators.The second part analyzes the legal application of liability for highway administrators.It summarizes different academic opinions on breach of contract and tort liability,analyzes the reasons why highway administrators do not constitute a breach of contract,and discusses the reasons for applying tort liability.In cases of competing legal norms within tort liability,the paper examines the issue from the perspectives of literal,systematic,and purposeful interpretation and argues that the compensation liability for highway administrators should be uniformly applied under Article 1256 of the Civil Code.The third part analyzes the principles of attribution,the elements of liability,and the standards for fault determination for highway administrators in cases of compensation for damages caused by obstructions.The fault presumption principle applies to highway administrators,who must prove they are not at fault,otherwise,they should bear responsibility.The standards for determining whether highway administrators have fulfilled their management obligations and are at fault should be higher than for other public roads.Highway administrators should fulfill the duty of care of a "good manager" and use the "Traffic Accident Identification Certificate" issued by the traffic police department as an important reference for determining fault.The fourth part analyzes the forms of tort liability borne by highway administrators.Both the perpetrator and the highway administrator are involved in joint tort liability.The scattering behavior is a direct tort,while the inaction of the highway administrator is a joint tort providing necessary conditions.The liability borne by the administrator and the perpetrator is a typical case of non-genuine joint liability,and the victim can choose one party to claim compensation.The highway administrator bears intermediary responsibility and has the right to fully recover from the perpetrator.If the victim is at fault,the liability for damages borne by the highway administrator can be appropriately reduced.