Arguing On Tort Liability Of Road Accident

Road accidents occur frequently in the modern time in which traffic develop fast . Road accidents result in great lost of lives and large lost of property that astonished human. Be astonished, human lost in deep thought. Man concluse the reasons of road accidents, and alter the control methods. Human beings argue on the law of controlling traffic accidents now and then .They cann't have the same opinion.The author will adopts research methods, such as research method of history and research method of comparison discusses on the means of tort liability of road accident,the criterion of tort liability road accident, the constituent elements tort liability of road accident .The legislation condition of tort liability of road accident. The author mainly discusses on clarifying the special criterion and special constituent elements of Tort liability of road accidents. Then we can deal with assertion and bearing of Tort liability road accidents . Tort liability of road accident has its special criterion and special constituent elements . Tort Liability of road accident is a special tort liability , though has the commonness of tort liability ,but has more special character . The commonness of tort liability apply for fault liability principle , but liability of road accident has it's special criterion . The author considers that it should apply for the criterion system consists of fault liability principle and no-fault liability principle . specific as: fault liability principle suit to road accident between motor vehicle and motor vehicle, and road accident between non-motor vehicles and non-motor vehicles as well as pedestrian ; no-fault liability principle suit to road accident between motor vehicle and non-motor vehicles as well as pedestrian . Liability of road accident has it's special constituent elements , different from the constituent elements of the general tort liability . The author considers that it's constituent elements include general constituent elements and particular constituent elements . the general constituent elements include damage facts, illegality of actions, causality between damage facts and illegality of actions, fault .The particular constituents include road element , vehicle element and movement element .It is imperfect of the legislation of tort liability of road accident. And the legislation should be improved.