Author(s)

Zhao Wei ¹

Affiliation(s)

¹ College of Law, Shandong University of Finance and Economics, Jinan, Shandong, 250014, China

Corresponding Author

Zhao Wei

ABSTRACT

With the rapid increase in the number of motor vehicles, there are more and more traffic accidents and infringement disputes caused by motor vehicles. However, the principle of attribution and constituent elements of the tort liability of the Civil Code for motor vehicle traffic accident liability are simply invoking the relevant provisions of the Road Traffic Safety Law. Facing the related problems in theory and practice, this paper introduces traffic accidents and their basic elements, analyzes the problems existing in the application of the principle of liability for motor vehicle traffic accidents, and puts forward and further improves the relevant suggestions on the basis of other scholars' research. It is controversial for the theoretical circle to apply the principle of no-fault liability or the principle of presumption of fault in the event of a traffic accident between a motor vehicle and a non-motor vehicle or a pedestrian. [1] This paper supports the view that the principle of no-fault liability is applied.

KEYWORDS

Motor vehicles, Traffic accidents, Principle of imputation, No-fault liability

CITE THIS PAPER

Zhao Wei, Research on the Principle of Liability for Motor Vehicle Traffic Accidents from the Perspective of the Civil Code. Science of Law Journal (2022) Vol. 1: 7-13. DOI: http://dx.doi.org/DOI: 10.23977/law.2022.010402.

REFERENCES

[1] Zhang Xinbao. Discussion on the main issues in the drafting of tort liability [J]. China Law Review, 2019.1,pp.133-144.
[2] Zhu Liyu.. Principles of Jurisprudence and Case Course [M]. Renmin university of China press, 2016,pp.186.
[3] Han Feiyu. Research on the Principle System of Liability for Motor Vehicle Tort Liability in Traffic Accidents [D]: Master's Degree Thesis. Shandong University, 2020.
[4] Li Min. On the principle of liability for motor vehicle traffic accidents and the assumption of responsibility. Journal of Ningxia University, 2011.3,123-129
[5] Cheng Xiao, editor-in-chief. Tort Liability Act [M]. Law Press, 2015,pp.212-213.
[6] Chen Jing. Research on the imputation mechanism of tort liability for motor vehicle traffic accidents [D]: master's degree thesis. Xiamen University, 2018.
[7] Cheng Xiao. Improvement of Motor Vehicle Traffic Accident Liability in the Civil Code Tort Liability [J]. Journal of Law, 2019.1,64-74
[8] Wang Liming. Research on Tort Liability Law [M]. Renmin university of China press, 2016,pp.155-158.
[9] Editor-in-Chief Yang Shuguang. Research on Legal Issues of Compensation for Damage Caused by Motor Vehicle Traffic Accidents [M]. People's Public Security University of China Press, 2010,pp.332-351.
[10] Meng Yuanhang. Research on the Principle of Liability for Tort Liability in Motor Vehicle Traffic Accidents [D]: Master's Degree Thesis, Northeast Forestry University, 2017.

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