Research On The Distribution Rule Of Civil Liability For Road Traffic Accident

Civil liability for compensation induced by road traffic accident belongs to liability for compensation for infringement of civil right, so theory of civil liability for tort also apply to it. Since people have quite different understanding towards General Provision of the Civil Law of PRC and Law of the People's Republic of China on Road Traffic Safety, and because of the complexity and diversity of the cause of road traffic accident, and the bureau of public security has an authority to cognize liability in advance, there are much bifurcation in the distribution of civil liability for road traffic accident in judicial practice. This seriously imperils the equity and oneness of law. This article is meant to have a research on the distribution rule of civil liability for road traffic accident. Besides the introduction and conclusion, this article has three parts.Chapter 1 is "a general legal analysis of civil liability for road traffic accident". This chapter mainly discusses the characteristic of civil liability for tort in road traffic accident and the history of the distribution principle of civil liability for tort. It reviews the legislative and judicial practice of America and Germany in road traffic accident from a comparative law point of view.Chapter 2 is "an analysis of China's legislation and judicial practice on civil liability for road traffic accident". This chapter discusses the legislative history of civil liability for road traffic accident: at first general civil liability for tort applies to it, then it is gradually categorized. The author uses two typical cases on the distribution of civil liability for road traffic accident to reveal the serious bifurcation in judicial practice nowadays. It also analyzes the perplexity on the distribution of civil liability for road traffic accident due to the existing law.Chapter 3 is "deliberation on perfecting the distribution rule of civil liability for road traffic accident". This chapter puts forward deliberation on perfecting the distribution rule of civil liability for road traffic accident based on the aforementioned chapters. The author then analyzes and deliberates on the following four aspects: civil liability for road traffic accident as special tort conduct, relationship between determination of liability for road traffic accident and taking the civil liability for road traffic accident, perfecting third party liability insurance, and comprehension on Article 76 of Law of the People's Republic of China on Road Traffic Safety.