Research On Tort Liability Of Public Road Administrator In China

Public safety in today’s society is worrying.The risk is everywhere,threatening the public’s personal and property safety,such as the public roads to hinder the traffic behavior of people piled up,dumped,scattered obstructions,and public road managers did not fulfill their management obligations in time,so that the public road is not in a good technical state for passage.When tort causes damage,how to distribute tort liability among the infringers is an urgent problem.The value orientation of modern compensation system has the characteristics of diversification and precision.The sharing of damage liability and the determination of tort liability form need the support of value judgment.The same is true in public road administrator infringement cases.The combination of torts by public road managers and torts by obstructionists constitutes several-person torts.Reasonable determination of the liability form between several-person torts without intentional contact and the tort liability of road managers not only maintains the fairness between the two,but also ensures that the victim’s damage can be compensated.Literature research,theoretical research and case analysis are used to solve the problem of several people’s tort liability form and responsibility in the disputes caused by obstruction of traffic.Corresponding responsibilities’ should bear share responsibility and supplementary responsibility according to different situations.The management obligation of public road managers is the general duty of care rather than the duty of care of good managers.The failure of public road managers to clean up obstructions and take protective measures in time constitutes inaction infringement,which is combined with the infringement of stacking,dumping and spreading of obstructions,resulting in the occurrence of damage results.In the case of damage caused by the combination of road management defects and obstruction of traffic,the forms of tort liability determined by the court are : liability according to part,supplementary liability and joint liability.From the perspective of existing laws and regulations,Article 1256 of the Civil Code stipulates that the perpetrator shall bear tort liability if the goods that hinder the passage are stacked,dumped or left over on public roads and cause damage to others.If public road managers cannot prove that they have fulfilled their duties of cleaning,protection and warning,they should bear corresponding responsibilities.The above special law does not clearly stipulate the form of tort liability between road managers and obstructionists,which is only expressed as undertaking the "corresponding liability ".Therefore,it is necessary to analyze the general provisions on the form of tort liability in the tort liability part of the Civil Code.If the road administrators omission infringement acts combine with the infringement acts that hinder the traffic,resulting in the same damage consequence,it is in nature a number of people infringement acts that have no intention to contact.Several people infringement without intentional contact can be divided into two situations.One is the superposition of separate infringements,and the form of tort liability is joint and several liability.The other is the general separate tort,tort liability form is share responsibility.Superimposed separately tort causality is aggregated casualty,and each person’s tort alone can cause all the damage consequences.There is no applicable space for joint and several liability in the disputes of several people’s tort combined with the tort of public road administrator and the tort of obstruction of traffic.Each tort alone can not cause all the damage,and the causal relationship is the combination of causality rather than the aggregation of causality.Moreover,since the place where the infringement dispute of the public road administrator occurs is the public road,the public road is the public place,and the public road administrator is the safety and security obligor of the public place,the provisions of Article 1172 of the Civil Code on the form of liability according to share can be applied,and the provisions of Article 1198 of the Civil Code on the form of supplementary liability can also be applied.The choice of tort liability form is controversial.The reason is that the legal relationship adjusted in Article 1172 and Article 1198 of the Civil Code involves the combination of several individual tortfeasors independent implementation of torts,resulting in the same damage consequence,and the individual implementation of each tortfeasors tort is not sufficient to cause all damage consequences.Therefore,it is necessary to determine the tort liability form according to different situations.The difference in the legal consequences of determining the form of liability as part-of-charge or supplementary liability will affect the share of responsibility undertaken by the public road administrator and the obstructionist and the risk of the victims inability to pay,so it is essential to clarify the relationship between the two.In addition,the determination of the subject of liability of public road managers,the judgment standard of public road managers’ performance of management obligations and the scope of public road managers’ tort liability will be discussed.