"Reducing the liability of the motor vehicle party, rather than completely exempting the motor vehicle party from liability, and denying "a collision in vain" reflects a great progress in legislation and "people-oriented", It reflects the respect and protection of human rights," Niu Rui, deputy director of the Institute of Law of the Liaoning Academy of Social Sciences, said in an interview with reporters. String 6
Experts analyze that the reason why pedestrians are regarded as weak is that in addition to their slow reaction speed and poor avoidance ability compared with motor vehicles, the more important reason is that conflicts between pedestrians and vehicles are violations of others. The contradiction between the right of passage and the infringement of other people's right to life. A pedestrian crossing the road illegally infringes upon the right of passage of a vehicle; a vehicle hitting or killing a pedestrian who infringes the right of passage of a vehicle violates a person's right to life. Human right to life is violated. People are "flesh and blood", and vehicles are "steel". In a traffic accident, pedestrians are in a vulnerable position no matter what because of their flesh and blood bodies compared with their bodies of steel. They may suffer from physical disability at the least, or lose their lives at the worst! String 1
How much should you pay for "a car hits a person"? String 1
When a motor vehicle collides with a person, how to solve the problem when the driver is not responsible? This is A focus of controversy surrounding Article 76 of the Road Traffic Safety Law.
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From August 9 to 15 last year, Beijing’s procedures for soliciting citizens’ opinions on the Road Traffic Safety Law brought this debate to the forefront again. During the 7-day ****, a total of 1,571 phone calls, 1,371 emails, and 5,913 online messages were received from citizens, totaling 8,855 messages. Citizens are generally concerned about issues such as liability determination for traffic accidents between motor vehicles and pedestrians, and whether bicycles can carry people. Among them, the liability regulations for traffic accidents between motor vehicles, non-motor vehicles and pedestrians have always been the focus. According to statistics, more than 90% of participants expressed their opinions on this. Some citizens believe that when a traffic accident occurs between a motor vehicle and a non-motor vehicle or a pedestrian, if the non-motor vehicle or pedestrian breaks the law but the motor vehicle does not break the law, it is unreasonable and inconsistent with the principle of fairness for the motor vehicle to bear all the liability. Some citizens are worried that if such provisions are made, it will undermine the rule of law and have a negative impact on society. Some citizens believe that the current regulations should be further modified and improved on the premise of being consistent with the superior law; at the same time, they urgently require the state to improve the third-party liability insurance system as soon as possible, and the key is to increase the amount of insurance. String 9
If a traffic accident occurs between a motor vehicle and a pedestrian, the pedestrian is fully responsible, but the driver still has to pay compensation, up to a maximum of 20. In October last year, the "Jiangsu Province Road Traffic Safety Regulations (Draft)" under review, while protecting the rights and interests of pedestrians, aroused strong reactions from motor vehicle drivers and insurance companies.
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In February this year, the 18th meeting of the Standing Committee of the Shanghai Municipal People's Congress reviewed and approved the "Shanghai Regulations on Liability Compensation for Motor Vehicle Road Traffic Accidents." The new regulations clarify that when there is evidence that non-motor vehicle drivers or pedestrians violate road traffic safety laws and regulations, and the motor vehicle party has taken necessary disposal measures, the liability of the motor vehicle party shall be reduced in accordance with the following provisions: First, in If a traffic accident occurs on a closed road such as a highway or elevated road, the motor vehicle party shall be liable for compensation according to a liability ratio of 5, but the maximum compensation amount shall not exceed 10,000 yuan; secondly, if a traffic accident occurs on other roads, the motor vehicle party shall bear a liability ratio of 10 shall be liable for compensation in proportion to the liability, but the maximum amount of compensation shall not exceed 50,000 yuan.
The new regulations also clarify the limits of the compulsory traffic insurance limit: first, if the motor vehicle party bears all the liability in the traffic accident, it shall bear 100% of the compensation liability; secondly, if the motor vehicle party bears the main responsibility in the traffic accident, it shall bear 80% of the compensation liability. ; Third, if the motor vehicle party bears equal responsibility in the traffic accident, it shall bear 60% of the compensation liability; fourth, if the motor vehicle party bears secondary liability in the traffic accident, it shall bear 40% of the compensation liability. If the motor vehicle party bears secondary liability in a traffic accident, it shall be liable for 40% of the compensation.
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Legal expert Niu Rui pointed out: "With the improvement of the national legal system, and the regulation of local legislation by legal systems such as the Legislation Law, how local legislation chooses legislative space , to be truly non-contradictory, distinctive, and operable is a subject that requires continuous efforts to explore. "String 2
The legal basis for denying "white collision" String 6
Niu Rui analyzed that Article 123 of the General Principles of the Civil Law stipulates that "engaged in high-altitude, high-pressure, flammable, explosive, highly toxic, radioactive, high-speed transportation and other operations that are highly dangerous to the surrounding environment and cause harm to others." If the damage is caused, civil liability shall be borne; if it can be proved that the damage was caused intentionally by the victim, no civil liability shall be borne. "According to this principle, a car is a high-speed transport vehicle that causes damage to others during the operation of a high-speed transport vehicle. , shall bear no-fault liability. Obviously, this provision focuses on protecting the interests of third parties. String 6
Liang Huixing, a legal expert at the Chinese Academy of Social Sciences, pointed out in the article "Is "Pedestrian Collision and Violation Illegal" illegal that there are three legal principles underlying the implementation of no-fault liability: First, the compensation theory, that is, The first principle of "who enjoys the benefits bears the risks" is the compensation theory, that is, the principle of "who enjoys the benefits bears the risks". Car companies and car owners enjoy the benefits brought by cars, and naturally have to bear the risks brought by car operation; the second is risk control theory, that is, the principle of "whoever can control and reduce dangers bears responsibility." Only car companies, car owners and drivers can control dangers and avoid dangers as much as possible, thereby assuming liability for compensation, and can they be prompted to drive cautiously, avoid dangers as much as possible, and reduce losses as much as possible; the third is the risk sharing theory, that is, car accidents are a common occurrence with modern civilization. The losses caused by accidents should be shared by all members of society who enjoy modern civilization. The compensation paid by car companies and car owners for assuming responsibility is ultimately passed on to the whole society through increased freight rates, liability insurance, etc. The risk is actually borne by all consumers. It can be seen that, on the surface, the implementation of no-fault liability seems to be very harsh on car companies and car owners, but in fact, consumers in the whole society share the responsibility, which is the most fair and reasonable, and the most consistent with social equity and justice. String 4
Duan Liren, a participant in the drafting of the "Road Traffic Safety Law" and an expert on the "Smooth Traffic Project" expert group of the Ministry of Public Security and the Ministry of Construction, said, "One of the real changes in the 10-year legislative process is that in Adjusting the relationship between people, vehicles and roads has changed the practice of the past few decades. It has clarified the management concept of 'responsibility' and clarified the principle that the right to life is greater than the right to road. This will help reduce traffic accidents and change safety concepts in China. "Word string 7
Duan Liren said that a bill entering the legislative process of the National People's Congress usually needs to be reviewed three times, but the "Road Traffic Safety Law" bill was reviewed and revised four times and was finally approved by the 10th National People's Congress. At the fifth meeting of the Standing Committee of the National People's Congress, the approval rate was 94.67, "the deliberation and controversy behind it can be seen."
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Non-motor vehicle drivers and pedestrians are also responsible for breaking the law. String 3
Will the new law encourage non-motor vehicle drivers, Pedestrian violation? During the legislative process, some people raised such questions. Relevant experts reminded that it is the legal obligation of every road traffic participant to strictly abide by road traffic order and ensure road traffic safety. Anyone who should not perform their legal obligations will bear legal liability. The Road Traffic Safety Law stipulates that non-motor vehicle drivers and pedestrians who fail to comply with traffic rules shall also bear corresponding legal responsibilities based on the nature and consequences of their illegal acts.
In addition, according to the relevant provisions of the General Principles of Civil Law, pedestrians and non-motor vehicle drivers who violate road traffic safety laws and regulations and cause personal injury or property damage to others shall bear civil liability. For example, if a pedestrian climbs over a road guardrail or crosses an urban expressway or highway, and a motor vehicle causes damage to the motor vehicle or casualties on the vehicle due to emergency braking or avoidance, the offending pedestrian shall bear the liability for damages. According to the criminal law, pedestrians and non-motor vehicle drivers who violate road traffic safety laws and regulations on road traffic and cause serious injury or death shall bear criminal responsibility. It can be seen that non-motor vehicle drivers and pedestrians must increase their awareness of law-abiding and never take chances. Otherwise, not only their own lives and health will be threatened, but also traffic order will be disrupted, causing damage to others, and they will have to bear corresponding legal liability. String 6
The humanistic atmosphere brought by the new cross-border trade law
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On August 25, the province's first "unable to determine liability" claim The case was pronounced in the first instance by the People's Court of Heping District, Shenyang City. The driver responsible for the accident shall bear full liability for compensation, and the insurance company shall be responsible for compensation of more than 150,000 yuan for the deceased. String 9
On February 4 this year, at the intersection of Nanqi Road and Nanjing Street in Heping District, Shenyang City, a No. 327 bus knocked down Mr. Hua, who was riding a bicycle, and the old man died. After conducting an on-site investigation, the traffic police found that speeding vehicles on icy roads was one of the causes of the accident. In addition, since the incident occurred in the center of the intersection and there were no traffic lights at that location, "whether the motor vehicle ran a red light or was hit" is also an important factor in determining liability for the traffic accident. Soon, the Heping District Traffic Police Brigade issued a traffic accident determination letter stating that "responsibility cannot be determined", which stated that "the current evidence cannot determine which party violated the regulations." String 8
According to the "Road Traffic Safety Law": If a traffic accident involving a motor vehicle causes personal injury or property damage, the insurance company shall compensate within the liability limit of the motor vehicle third party liability insurance. In April this year, the old man’s daughter took the insurance company, Shenyang Central Branch of China United Property Insurance Company, and No. 327 bus to court, claiming death compensation and other expenses totaling more than 200,000 yuan. On July 6, the case was heard in the Heping District People's Court. The court held that although the traffic management department did not determine responsibility for the accident, it determined that the driver responsible for the accident was speeding on an icy and snowy road, and the driver responsible for the accident could not obtain evidence of Mr. Hua’s illegal behavior in the traffic accident. Therefore, the driver responsible for the accident bears full liability for compensation. Shenyang Passenger Transport Group Co., Ltd. bears joint liability for compensation. Since the vehicle involved in the accident was insured with third-party personal injury and property damage insurance at the Shenyang Central Branch of China United Property Insurance Company, the insurance company compensated within the insurance compensation limit.
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On August 25, the court made a first-instance judgment that the driver responsible for the accident should compensate Huajia more than 150,000 yuan, which should be compensated by the insurance company. The driver responsible for the accident compensated the Hua family 20,000 yuan in moral comfort. String 1
The lawyer analyzed the case and said, first, the amount of compensation has been increased. According to the "Laojiao Law", the Hua family can receive compensation of 70,000 to 80,000 yuan, but the current compensation amount is only half of the original amount. Secondly, the subject of compensation has changed. The old traffic law requires compensation from the car owner, while the new traffic law clearly clarifies insurance companies as the main body of compensation. Third, the basis for compensation has changed. Before the promulgation of the new traffic law, the basis for the court's judgment was the traffic police department's "Traffic Law" "Accident Determination", and this situation is exactly "no liability determination". However, according to the "New Traffic Law", the driver cannot obtain evidence of Mr. Hua's illegal behavior in the traffic accident, so the driver must bear all the compensation. Fourth, the scope of compensation has changed. The new law has added compensation for the victim’s mental consolation that was not included in the old law.
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According to reports, the "Road Traffic Safety Law" also established a road traffic accident social assistance fund system to better protect the rights and interests of traffic accident victims. Article 17 thereof stipulates that "the state implements a compulsory motor vehicle third-party liability insurance system and establishes a road traffic accident social assistance fund. Specific measures shall be prescribed by the State Council."
Paragraph 1 of Article 98 stipulates that "If the owner or manager of a motor vehicle fails to insure the compulsory third-party liability insurance for motor vehicles stipulated by the state in accordance with the regulations, the traffic management department of the public security organ shall detain the vehicle insured in accordance with the regulations and impose a fine in accordance with the regulations." A fine of twice the minimum premium for liability insurance shall be paid in full in accordance with the provisions of the preceding paragraph. The specific measures shall be stipulated by the State Council for the vehicle involved in the accident. If the insurance company participates in the compulsory third party liability insurance for motor vehicles, the insurance company shall pay the rescue expenses within the liability limit; if the rescue expenses exceed the liability limit, and the vehicle causing the accident does not participate in the compulsory motor vehicle third party liability insurance or escapes after the accident, the road traffic insurance company shall pay the rescue expenses within the liability limit. The accident social assistance fund shall advance part or all of the rescue costs, and the road traffic accident social assistance fund management agency shall have the right to advance all the expenses. The road traffic accident social assistance fund management agency shall have the right to recover compensation from the person responsible for the traffic accident. p> Reference: /html/5/4/20070131/ 3550.html