The Research Of The Traffic Accident "Second Rolling" Problem

With the economic growth,the population increased,the number of motor vehicles increased,the casualties per year due to traffic accidents in China is also soaring,the traffic safety problem has become the focus of social concern.In recent years,the idea of bump to dead is better than bump to injury is popular in the society,in many cases of traffic accidents that have occurred,driving drivers not only did not get off to save the injured after bumping to injury,but increased throttle to twice crushed the injured until him death,resulting in irreversible serious consequences.The irrational behavior is puzzling,after all what causes these drivers to ignore life without human nature and choose to such a cruel way to deal with the injured?Is the reason for the individual,or the reason for the system?Based on this,this paper makes a intensive study for this question.Law and economics is a scientific and rational analytical tool that provides a unified approach to the analysis of human behavior.Therefore,this paper chooses Law and economics as the theoretical analysis tool,from the perspective of rational economic man,to discuss the traffic accident“second rolling" issue.In the cause of the problem,this paper mainly analyses three reasons.First,pursuing the maximum benefits makes the perpetrator conducts the“second rolling”.Based on the calculation of cost benefit and realizing the maximum benefits of the economic man,this paper analyzes the unreason of the distribution system of responsibility in our country,that is,civil compensation legal system which is the liability for death compensation is much greater than the liability for disability,and the unfulfillment of security of our country 's third party responsibility sharing system,namely,the unfulfillment of compulsory traffic accident liability insurance system,third party commercial liability insurance system,third party nonprofit organization system,that is,compulsory traffic accident liability insurance limit of indemnity is too low,third party commercial liability insurance has a lot of limits,the lack of the rescue for third party nonprofit organization,it makes the driver to bear the heavy civil liability,so that the driver makes the traffic accident“second rolling”behavior.Second,the legal information of perpetrator is not complete.Based on the limited rationality of the economic man and the fact that the legal propaganda is not in place,the driver has incomplete legal information,only concerning with the civil compensation law,neglecting the criminal law,so that the driver makes irrational behavior decision.Third,the perpetrator feel lucky.Based on the limited rationality of the economic man,coupled with the law enforcement abilities of law enforcement officers is not strong,the driver feel lucky to conduct a traffic accident“second rolling”behavior.Aiming at these three reasons,this paper puts forward three countermeasures.First,improve the compensation system to guide the driver to make the maximum choice,including two aspects,namely,perfecting the responsibility distribution system to guide the perpetrator to give up the choice of“second rolling”and improving the third party responsibility sharing system to effectively share the perpetrators of the heavy responsibility,the former elaborated the improvement of the legal system,that is,formulating the scientific and reasonable death compensation standard and disability compensation standard,so that the amount of death compensation is higher than the amount of disability compensation to reduce the driver compensation liability which he should bear;the latter expounds three aspects of reforms,namely,the reforms of compulsory traffic accident liability insurance system,third party commercial liability insurance system,third party nonprofit organization system,that is,improving the compulsory traffic accident liability insurance limit of indemnity,reducing the third party commercial liability insurance's compensation restrictions,establishing third party nonprofit organization,to reduce the driver's actual commitment to the compensation liability.Second,completing the driver's legal information to guide the driver to make a rational choice with legal propaganda as a main means.Third,to enhance the law enforcement ability to enhance the deterrence of penalty so that it can curb the driver's fluke mind,by the two aspects,that is,improving the level of the law enforcement ability and cracking down on law enforcement corruption to enhance the law enforcement ability to curb the function of driver's fluke mind.Reform the system from three aspects,and then solve the traffic accident "second rolling" problem.