Legal Research On Solution Of Disputes Of Traffic Accidents Arise From Tire Blow-out

In this paper, the author focuses on the very disputable problem in recent years that is the disputes triggered by the accidents caused by the tire blow-out. The author will start from the typical case which is know as the "No.1 tire blow-out case", analyzing the problems in the case, meanwhile, referring the means how the similar cased were tackled, at last, giving the author's opinion on how to perfect the way to handle the same case in China.The whole paper goes on following the several parts underneath:Part 1, first, to introduce the details about the case; then to rise up the two main problems that cause the conflicts in the case:one is the problem on product liabilities; the other is the problem on accident liabilities.Part2, first, to give the generalization of the concepts on products and product liability, then, to give further analysis on one of the two conflicts, the product liability problem in the "No.1 tire blow-out case" on the basis of explanation of doctrines of liability fixation in various countries especially in China. Finally, the author tries to search the reasons that causing the conflicts and the contradiction in the case, and expound the lack of rules in Chinese legal system concerning the problems.Part3, first, to differentiate the definition of motor vehicle accident and accident liability. Then, to analyze the concrete problem on how to share the liabilities in the case, discussing whether the driver should take full damages and the criminal liability. At the same time, to refer to the foreign similar cases. At last, the author concludes the key issues in the "No.1 tire blow-out case".Part4, to give the author's opinions on how to handle the disputes through lexis on the basis of summarizing the two main problems that triggering the disputes.