Research On Liability For Damage Caused By Public Road Obstacles

The liability for damage caused by obstructions to public roads is a special type of tort liability,which is expressly stipulated in Article 89 of the Tort Law and Article 10 of the Interpretation of Road Traffic Accident Damage Compensation.There are two obvious problems in the provisions of these two provisions.One is the vague expression of "relevant unit or individual" for the responsible subject,and the other is the provision of "responsibility" for the road manager’s responsibility for the responsibility.The ambiguity of legal provisions leads to the inconsistency of the judgment results in practice,which triggers a theoretical dispute over responsibility.In order to clarify the application of the law of this type of responsibility,it is necessary to clarify the subject of responsibility and to solve the problem of responsibility.This article will start from the perspective of the type of responsibility,and divide the liability for damages according to the different types of responsibility subjects,and use this as a basis to analyze the form of responsibility.On the typological research of the liability for damage caused by public roads,according to the analysis of practical cases and theoretical disputes,it can be found that the responsibility of damage can be divided into the responsibility of the actor and the responsibility of the road manager according to the difference of the responsible subjects..In the liability of the perpetrator,the basis for the perpetrator to assume responsibility is that it has implemented an act that impedes the passage.When the standard for determining the subject of responsibility is clarified,the responsible person can be defined as a stacker,dumper,or sitter according to the behavior.The second is the subjective fault of the perpetrator.The law stipulates that the perpetrator must not occupy public roads.Therefore,the perpetrator is at fault for the damage caused by the obstruction of traffic,and the liability for fault is applicable.It should be noted that the subjective faults reflected in different behaviors are also different.For example,the methods of stacking and dumping are actively implemented by the actor,and the subjective is intentional;while for the leftovers,the actor is passive and unconscious The subjective should be negligence.Regarding the responsibility of the road manager,according to the nature of the road,the standards for the identification of the responsible subject are also different,which roughly include five standards: administrative authority,operating behavior,construction behavior,maintenance behavior and actual management behavior.In terms of obligations,the general road managers bear the general duty of care,while the managers of the key roads or highways bear the obligation of good management,and the road managers who fail to meet the management obligations bear the responsibility of negligence in violation of their safety guarantee obligations.After the types of liability for damage caused by obstructions to public roads are structured according to the subject of responsibility,the problem to be solved lies in the form and scope of responsibility of the actor or road administrator.According to the different combination of the actor’s responsibility and the road manager’s responsibility,the forms of liability for damage caused by public road obstruction can be divided into two types: individual responsibility and joint responsibility.Individual responsibility refers to the type of responsibility that the actor or road administrator bears alone,and joint responsibility is the tort liability of two or more responsible persons.In the same case,both the actor bears the responsibility and the road management A person’s responsibility is a joint responsibility.The first is the commitment of individual responsibility,which mainly includes three situations.One is that the road manager shall bear the responsibility when the road manager has fulfilled the management obligations,the second is that the road manager shall bear the responsibility alone when there is no actor,and the third is When the actor and the road manager are the same subject,the same person shall bear the responsibilities of the agent and the road manager.In the joint responsibility,the obstruction of traffic by the perpetrator is the direct cause of the damage.The fault of the road manager’s failure to fulfill the safety and security obligations provides the conditions for the occurrence or expansion of the damage as an indirect cause.Therefore,joint liability and the application of no real joint liability.In joint responsibility,the combination of the subjective faults of the actor and the road manager includes two types: one is the intentional combination of the actor and the road manager’s fault;the second is the combination of the agent’s fault and the road manager’s fault.In the case where the perpetrator committed intentional infringement by dumping and dumping,and the road administrator was negligent,Article 37,paragraph 2 of the Tort Law should be applied by analogy,with the perpetrator responsible for all compensation and the road administrator responsible for Supplementary responsibility and give it the right to recover.This move can not only reflect the degree of tort law’s blame for intentional infringement,but also realize the fair distribution of responsibility through its order and recovery rights.In the case where the perpetrator commits negligent infringement and the road administrator is also at fault,the perpetrator and the road administrator shall bear the responsibility according to the fault and the cause.At this time,the perpetrator’s infringement and road administrator’s infringement should not be distinguished at different levels in the case of negligence.For the same level of negligent infringement,Article 12 of the Tort Liability Law should be applied to bear the responsibility.