交通事故风险承担案例评析
发布时间：2018-09-09 16:57
【摘要】：现代社会是一个风险频发的社会,对于法益侵害的缓解与分配成为现阶段制度构建不可忽视的问题。随着人权保障的进一步深入,社会模式的构建,由公权力至上逐步向个人权益的保障转变。在制度构建上,不再设置以损害赔偿为立足点,而更倾向于关注行为主体价值标准的设置,损害责任承担的判定,进而以具有法律约束力的方式减少侵害的发生或为已发生的损害提供救济。然而,在司法实践过程中,交通事故侵权责任的设置存在诸多立法缺陷,致使交通事故发生后,受害人无法依据现行机制,获得全面充分的补偿,而与之相对应的损害赔偿机制不甚完善。故而,在交通事故频发的当下,如何贯彻落实各行为主体责任的承担,确保受害人在事故发生后得到全面的救助与补偿,成为目前亟需解决的问题。货车司机陈某在严重超载通过收费站时,收费站明知陈某超载仍予以放行,未履行对其管辖区域的安全保障义务,放任陈某的危险行为,致使陈某发生交通事故的可能性及事故后产生的危险程度均增加,最终导致交通事故的发生。在案件审理过程中,各方主体对收费站的放任超载行为与交通事故发生是否存在因果关系,收费站应否对该行为承担法律责任产生了较大分歧。对于收费站是否全面履行其职责,收费站的行为与损害结果之间是否存在因果关系,成为此类案件争议的焦点。故而,对于这一系列争议的解决,相关制度的构建和完善是极为重要的。立足司法实践,收费站作为其管辖区域的安全保障义务人,在未全面履行职责致使相对人所处环境危险程度增加,最终导致法益侵害的归责,目前对该类归责机制的设置尚待完善。综合考虑各行为主体的责任承担,这不仅能为现阶段交通事故频发,受害人难以得到全面补偿提供全面的救济途径,亦是人权保障在司法过程中的体现,符合人权保障的立法思想。因此,设置交通事故全面的风险承担体系,不仅能有效保障当事人的合法权益,更是完善现阶段立法、实现制度设置目的、人权保障理念制度化落实的关键。
[Abstract]:Modern society is a society with frequent risks, the mitigation and distribution of legal interest infringement become a problem that can not be ignored in the present system construction. With the further development of human rights protection and the construction of social model, the protection of individual rights and interests is gradually transformed from the supreme of public power to the protection of individual rights and interests. In the system construction, we should pay more attention to the setting of the value standard of the behavior subject and the judgment of the damage liability instead of taking the damage compensation as the foothold. In order to reduce the occurrence of infringement or to provide relief for the damage that has occurred in a legally binding manner. However, in the course of judicial practice, there are many legislative defects in the establishment of tort liability for traffic accidents, which leads to the victims being unable to obtain comprehensive and adequate compensation according to the existing mechanism. The corresponding damage compensation mechanism is not perfect. Therefore, at present, how to carry out the responsibility of the main actors and ensure the victims to get comprehensive relief and compensation after the accident has become a problem that needs to be solved. When the truck driver Chen passed through the toll point with serious overloading, the toll station, knowing that Chen was still overloaded, had not fulfilled his obligation to safeguard the area under his jurisdiction and allowed Chen to act in danger. It causes the possibility of traffic accident and the degree of danger after the accident to increase, which eventually leads to the occurrence of traffic accident. In the course of the trial of the case, whether there is a causal relationship between the overloading of the toll station and the traffic accident, and whether the toll station should bear the legal responsibility for the act has great differences. Whether the toll station fully performs its duties, whether there is a causal relationship between the behavior of the toll station and the result of damage has become the focus of controversy in this kind of cases. Therefore, for the settlement of this series of disputes, the construction and improvement of relevant systems is extremely important. Based on judicial practice, the toll station, as the obligor of safety and security in the area under its jurisdiction, does not fully perform its duties, which results in an increase in the degree of environmental danger to the relative person, and finally results in the imputation of legal interest infringement. At present, the establishment of this kind of imputation mechanism needs to be perfected. Considering comprehensively the responsibility of various actors, this can not only provide a comprehensive remedy for the frequent traffic accidents and the difficulty for the victims to obtain comprehensive compensation, but also reflect the protection of human rights in the judicial process. Legislative ideas consistent with human rights protection. Therefore, setting up a comprehensive risk bearing system of traffic accidents can not only effectively protect the legitimate rights and interests of the parties, but also improve the current legislation, achieve the purpose of system setting, and the key to institutionalize the concept of human rights protection.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D921
[Abstract]:Modern society is a society with frequent risks, the mitigation and distribution of legal interest infringement become a problem that can not be ignored in the present system construction. With the further development of human rights protection and the construction of social model, the protection of individual rights and interests is gradually transformed from the supreme of public power to the protection of individual rights and interests. In the system construction, we should pay more attention to the setting of the value standard of the behavior subject and the judgment of the damage liability instead of taking the damage compensation as the foothold. In order to reduce the occurrence of infringement or to provide relief for the damage that has occurred in a legally binding manner. However, in the course of judicial practice, there are many legislative defects in the establishment of tort liability for traffic accidents, which leads to the victims being unable to obtain comprehensive and adequate compensation according to the existing mechanism. The corresponding damage compensation mechanism is not perfect. Therefore, at present, how to carry out the responsibility of the main actors and ensure the victims to get comprehensive relief and compensation after the accident has become a problem that needs to be solved. When the truck driver Chen passed through the toll point with serious overloading, the toll station, knowing that Chen was still overloaded, had not fulfilled his obligation to safeguard the area under his jurisdiction and allowed Chen to act in danger. It causes the possibility of traffic accident and the degree of danger after the accident to increase, which eventually leads to the occurrence of traffic accident. In the course of the trial of the case, whether there is a causal relationship between the overloading of the toll station and the traffic accident, and whether the toll station should bear the legal responsibility for the act has great differences. Whether the toll station fully performs its duties, whether there is a causal relationship between the behavior of the toll station and the result of damage has become the focus of controversy in this kind of cases. Therefore, for the settlement of this series of disputes, the construction and improvement of relevant systems is extremely important. Based on judicial practice, the toll station, as the obligor of safety and security in the area under its jurisdiction, does not fully perform its duties, which results in an increase in the degree of environmental danger to the relative person, and finally results in the imputation of legal interest infringement. At present, the establishment of this kind of imputation mechanism needs to be perfected. Considering comprehensively the responsibility of various actors, this can not only provide a comprehensive remedy for the frequent traffic accidents and the difficulty for the victims to obtain comprehensive compensation, but also reflect the protection of human rights in the judicial process. Legislative ideas consistent with human rights protection. Therefore, setting up a comprehensive risk bearing system of traffic accidents can not only effectively protect the legitimate rights and interests of the parties, but also improve the current legislation, achieve the purpose of system setting, and the key to institutionalize the concept of human rights protection.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D921
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