Why is motor vehicle traffic accident liability no fault liability?

In the event of a traffic accident between a motor vehicle and a motor vehicle, fault liability is applicable, and a traffic accident occurs between a motor vehicle and the actor, because the transportation behavior itself is a high-risk industry, and compulsory insurance and commercial insurance are required to share the risk. Pedestrians are relatively disadvantaged and do not have a sound insurance system to protect them, so the law is biased towards protecting the interests of the disadvantaged party. Therefore, even if the motor vehicle is not at fault in the accident, it will bear no more than 10% of the compensation based on humanitarianism.

The legal basis for applying the principle of no-fault liability is mainly as follows:

The first is the theory of compensation, that is, the principle of "whoever enjoys the benefits bears the risk". For example, the owner and driver of the motor vehicle in the traffic accident should naturally bear the risks caused by the operation of the motor vehicle while enjoying the convenience and speed brought by the motor vehicle.

The second is the theory of risk control, that is, the principle of "whoever can control and reduce the danger shall be responsible". Motor vehicle drivers are professionally trained before hitting the road and are familiar with road traffic rules, so that the owner and driver of the motor vehicle can best control the danger and avoid it as much as possible; Subjecting them to liability can motivate them to drive prudently, avoid danger as much as possible, and minimize damage as much as possible.

The third is the theory of risk sharing, that is, the "balance of interests theory". Road traffic accidents are a risk that accompanies modern civilization, and the damage caused by them should be shared by all members of society who enjoy modern civilization. In road traffic accidents, where the victim is often injured or killed, and the perpetrator generally does not suffer personal injury, it is still unfair to ask the perpetrator to share some economic losses.

The principle of no-fault liability embodies the principle of fairness in civil law by balancing the interests of the whole society, adjusting the conflicts between the two parties, making the superior accountable, and reasonably distributing losses. Its application to individual cases may be unfair, but it reflects overall fairness and justice.

Article 5 of the Rules clearly stipulates that if a traffic accident is caused by the fault of one party who is involved in the rock mill, it shall be determined to be fully liable. Where a traffic accident is caused by the negligent acts of the two parties, the liability of the parties shall be determined in accordance with the following rules: If the party has active fault in the traffic accident, it shall bear primary responsibility.

Where a party has a passive fault in a traffic accident, it is a rough talk of secondary liability. However, if it is difficult for the other party to discover the passive wrongdoing in a static state, it bears primary responsibility. If a party has a defective fault in a traffic accident, the act is primarily responsible for failing to avoid the traffic accident that should have been avoided.

If it is unavoidable, it bears secondary responsibility. Where both parties play a major role in the act of traveling to the mainland at fault, each bears equal responsibility.

The no-fault liability of the motor vehicle generally has the following circumstances: if a road traffic accident occurs between the motor vehicle and the pedestrian or the non-motor vehicle driver, the motor vehicle shall bear the no-fault liability. The principle of no-fault liability refers to the principle of imputation that does not take the subjective fault of the parties as a necessary element of tort in accordance with the provisions of the law, that is, regardless of whether the parties are subjectively at fault or not, they should bear civil liability.

Article 1166 of the Civil Code of the People's Republic of China: Where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that tort liability shall be borne, follow those provisions. Article 120 of the Civil Code of the People's Republic of China: Where civil rights and interests are infringed, the infringed party has the right to request that the infringer bear tort liability.

There is only one circumstance that requires compensation for the determination of traffic accident liability: if a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the motor vehicle is not at fault, it shall bear no more than 10% of the compensation liability, but if it is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, it does not need to bear any liability for compensation.

Article 70 of the Provisions on Procedures for Handling Road Traffic Accidents Article 70 If a party has any objection to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date of delivery of the road traffic accident identification or road traffic accident certificate. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing. The application for review shall clearly state the request for review, its reasons and main evidence.

The review of the same accident is limited to one time.