Road Traffic Accidents, The Thinking Of A Number Of Legal Issues

This dissertation is based on such active laws and regulations as follows : 《General Principles of the Civil Law》, 《Regulation on Road Traffic Accident Process》 , 《Act on Traffic Road Accident Procedure》 , 《Regulation on Road Transportation Management》 , 《The Contract Law》 . This dissertation is also closely integrated with the judicatory explanations of The People's Supreme Court and the relating normative documentation regulations of The People's Supreme Court and The Ministry of the Public Security, drawing experiences from the legislative and judicatory practices of foreign countries, absorbing judicatory practices both domestically and internationally concerning civil law , especially traffic accident management , making some research on the issues concerning such as follows: the principles of attributive liability in traffic accident , the civil compensations in traffic accident, the definition about the possessor of the road traffic accident vehicle and his liabilities, the suitability of attributive liability in traffic accident . In the mean time the author also have put forward some immature views.This dissertation, beginning with the question of the principles of attributive liability in traffic accidents, have analyzed the contradiction in the responsibility concerning in the principles of attributive liability in traffic accidents in the acting laws and regulations, trace to its source, elaborate at length on the historical evolvement about the principles of attributive liability in the traffic accidents of most countries in the world, especially the general principles of the legislation about tort action, demonstrated my views adequately from the aspects of principle of law , individual freedom , equality , the legislative trend and so on . Drew a conclusion, at the sametime, developed the administrative system of mobile vehicles and non- mobile vehicles .Though the current law have already elaborated relatively detailed about the administrative punishment and the penal punishment on the illegal conduct during a traffic accident in road transportation, it still leave much to be improved, which lead to be very difficult in manipulation and be lack of the legal rights protection of the clients. Therefor this dissertation pursued to draw a conclusion, that our country's law about burden of civil liability should learn from foreign country's legislation , at the same time adequately calculate our present legislative status, apply the non- fault duty principle to the road traffic accident that occur between mobile cars, non - mobile cars and the pedestrians ; apply the non - fault duty principle to the road traffic accident with the result that passenger ( traveller) dead and injured of, apply the fault duty principle what only makes damages to the traveler 's product and lose, apply the fault duty principle to the traffic accidents between mobile cars. This dissertation still further put forward the solution about the road traffic accident which results in the damage claims, which is the victims most concerned and also the difficult problems in handing such civil cases compensate.After a road traffic accident happens, the first thing we are facing is to affirm the duty and the intermediation, or initiate a public prosecution if the intermediation fails, among them we will surely face the pivotal problem involving " who is the vehicle owner ", the vehicle owner should take which kind of duty, which kind of duty it is and who will tack the responsibility Upon such problems, this article discussed the main problems which tend to cause misunderstandings in the relevant laws, explained which kind of duty the mobile car owner should take, and how to definite the character. By the means of comparative studies this dissertation tries to put forward such a legislation suggestion: that is, we should establish the exclusively mobile car indemnity guarantees method, with" circulate domination with circulate...