The Research Of Government Tort Liability In The Road Flawing Cases Which Caused By Road Grain-sunning

With the development of the new socialist countryside construction,the phenomenon of road grain-sunning in the countryside becomes more and more serious.On the one hand,it makes the roads narrower and more congested resulting in driving vehicles more inconvenient;on the other hand,it influences the running wheels resulting in more traffic accidents.In practice,the road flawing cases which caused by road grain-sunning increase year by year,but the judicial results of identifying government tort liability are quite different due to the lack of specific laws.The key issue to resolve such cases is how to determine the government tort liability and the way of undertaking tort liability.This essay is divided into four chapters.The first chapter summarizes the current situation and problems in the judicial practice of our country through some road flawing cases which caused by road grain-sunning.The second chapter combines with the theory of tort laws to analyze the problem of identifying government tort liability from the constituent elements of tort liability including tort,damage result,causality and wrongdoer.The third chapter discusses the bear method of government tort liability from joint liability,proportionate liability and supplementary liability.It is appropriate to adopt proportionate liability in these cases.The fourth chapter provides some ideas to the perfect path of government tort liability in the road flawing cases which caused by road grain-sunning.