A Study On The Road Administrator Subject Determination System For Disputes Over Damages Caused By Public Roads' Impeding Traffic

In the judicial interpretation issued on November 27,2012,the Supreme People's Court explicitly pointed out that road administrators who are unable to prove that they are not at fault in disputes over damages caused by public roads' impeding traffic shall be liable for the damages.However,since there is no clear definition of "road administrators" in China's existing legal systems and the only definition and category of road administrators legally proposed have also been extremely inconsistent with China's current national conditions,it is more difficult to solve disputes over damages caused by public roads'impeding traffic.Therefore,it is very important to form a set of practical road administrator subject system to provide institutional guarantee to judicial practice.This thesis is composed of six parts which elaborated and dissected road administrator subject determination system for disputes over damages caused by public roads' impeding traffic.In the first part,research data source,statistical methods and research findings were briefly introduced,with a view to guaranteeing the authenticity and effectiveness of research results,so that readers can have a basic and intuitionistic understanding of the determination of road administrators as subjects in disputes over damages caused by public roads' impeding traffic.In the second part,current legal systems involving the determination of road administrators as subjects in disputes over damages caused by public roads' impeding traffic was collated and analyzed and the inconsistence between current legal systems and actual situations was further elaborated.In the third part,by studying foreign similar systems and comparing the similarities and differences between relevant systems in Germany,Japan and South Korean,the author summarized those systems' enlightenment to China's road administrator subject determination system for disputes over damages caused by public roads' impeding traffic.In the fourth part,after concluding the determination bases of road administrators in the cases,the category and determination bases of road administrators were deeply analyzed,so as to grasp the source of power and responsibility of each category of road administrator.Lastly,a clear understanding of actual situation of road administrators in China was obtained.In the fifth part,based on the determination of the status quo of China's road administrators,four major deficiencies in the road administrator subject determination system for disputes over damages caused by public roads' impeding traffic were analyzed and concluded,so that readers can understand the difficulties and key points in the process of solving disputes over damages caused by public roads' impeding traffic and the current status of the determination of road administrators as subjects.In the sixth part,in accordance with above-mentioned four major deficiencies,four suggestions were proposed based on the current situation in China and present judicial conditions of road administrator subject determination system,namely,enacting relevant public property legal system to stipulate road administrators' liability for impeding traffic,establishing road administrator subject classification system,completing road administrator internal compensation claim system and improving road administrator information publicity system.