Legal Profession: We Should Introduce A New Judicial Interpretation Of Road Crossing Law As Soon As Possible.
Legal profession
Judicial interpretation should be issued as soon as possible.
The legal profession believes that 6 years ago, when the legislation was made, road traffic accidents were frequent and motor vehicles violating laws and regulations were rampant. In most cases, the non motorized vehicles were the injured party. Therefore, the objective situation of motor vehicles would suffer losses.
However, the law does not stipulate liability for non motor vehicle liability. Objectively speaking, it is tantamount to telling a non motorized vehicle driver that you are responsible for traffic accidents involving motor vehicles and vehicles.
At present, the illegal motor vehicle violation has become one of the important factors of traffic jams, so it is difficult for the law to play a role in conscientiously abide by the law of non motorized vehicles.
Experts believe that although the "road traffic law" for the loss of motor vehicle liability sharing no provisions.
However, according to the general principles applicable to the law, the provisions of the general law shall not apply to the provisions of the general law, and the liability sharing of the loss of the motor vehicle shall be determined by the provisions of the tort liability law or the general principles of the civil law.
The supreme law should be clarified through judicial interpretation.
Qiu Wei Zhang Tao
Legal links
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Road Traffic Safety Law
"Seventy-sixth vehicle accidents causing personal injury and property loss shall be compensated by the insurance company within the limitation of liability for compulsory third party liability insurance, and the insufficient part shall be liable for compensation in accordance with the following provisions:
(1) if a traffic accident occurs between the motor vehicles, the fault party shall bear the liability for compensation; if both parties are at fault, the liability shall be shared according to their respective fault proportions.
(two) motor vehicles and
Non-Motor Vehicle
If there is a traffic accident between the driver and pedestrians, the non motorists and pedestrians are not liable to the fault, and the vehicle side shall bear the liability for compensation. If there is any evidence that the non motorists or pedestrians are at fault, the liability of the motor vehicle side shall be appropriately reduced according to the degree of fault. If the motor vehicle owner has no fault, he shall not be liable for more than ten percent of the compensation liability.
The loss of a traffic accident is caused by a collision between a motor vehicle driver and a pedestrian, and the vehicle side shall not be liable for compensation.
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