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In Germany, the past few decades have witnessed growing significance of the law of compensation for damage triggered by the increase of road traffic. The same trend has also been seen in China, where road traffic accidents have become one of the most important types of litigation in tort law. In the Civil Code, Art. 1208 of provides: “If a motor vehicle causes harm in a traffic accident, [the tortfeasors] shall bear compensatory liability according to related rules in the Law on Road Traffic Safety and this law.” This Article is designed to direct to Art. 76 of the Road Traffic Safety Law, which has a rather complex structure: Para. 1 consists of a lead sentence and two subsections: “Where a motor vehicle encounters a traffic accident and causes personal injury or death or any property loss, the insurance company shall pay indemnity within the limit of the compulsory third party liability insurance liability for the motor vehicle. The part in excess of the liability limit shall be indemnified according to the following provisions: (1) Where a traffic accident occurs between motor vehicles, the party at fault shall bear the compensatory liability; if both parties are at fault, they shall each bear their own share of the liability. (2) Where a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or a pedestrian, if the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle driver shall bear the liability; however, if there is any evidence to prove that the non-motor vehicle driver or the pedestrian is at fault, the motor vehicle driver’s liability may be properly reduced in light of the degree of fault; and if the motor vehicle is not at fault at all, the motor vehicle driver shall bear no more than 10% of compensatory liability.” Para. 2 provides: “Where the losses of the traffic accident are caused by the deliberate collision of the motor vehicle by a non-motor vehicle driver or a pedestrian, the motor vehicle driver shall bear no compensatory liability.” To analyze Art. 76 of the Road Traffic Safety Law, there is a need to first clarify the basic rules of liability for motor vehicle traffic accidents in China, and then delve into SubSect. 2 of Para. 1, which stipulates that compensation for damages resulting from motor vehicle traffic accidents should not exceed 10%.

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Liability of Paying for Relief Based on Fairness for Harms Caused by Motor Vehicle Traffic Accidents

  • 章节

  • 发表日期：

    2026年

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  • Zhu Wang

摘要

In Germany, the past few decades have witnessed growing significance of the law of compensation for damage triggered by the increase of road traffic. The same trend has also been seen in China, where road traffic accidents have become one of the most important types of litigation in tort law. In the Civil Code, Art. 1208 of provides: “If a motor vehicle causes harm in a traffic accident, [the tortfeasors] shall bear compensatory liability according to related rules in the Law on Road Traffic Safety and this law.” This Article is designed to direct to Art. 76 of the Road Traffic Safety Law, which has a rather complex structure: Para. 1 consists of a lead sentence and two subsections: “Where a motor vehicle encounters a traffic accident and causes personal injury or death or any property loss, the insurance company shall pay indemnity within the limit of the compulsory third party liability insurance liability for the motor vehicle. The part in excess of the liability limit shall be indemnified according to the following provisions: (1) Where a traffic accident occurs between motor vehicles, the party at fault shall bear the compensatory liability; if both parties are at fault, they shall each bear their own share of the liability. (2) Where a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or a pedestrian, if the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle driver shall bear the liability; however, if there is any evidence to prove that the non-motor vehicle driver or the pedestrian is at fault, the motor vehicle driver’s liability may be properly reduced in light of the degree of fault; and if the motor vehicle is not at fault at all, the motor vehicle driver shall bear no more than 10% of compensatory liability.” Para. 2 provides: “Where the losses of the traffic accident are caused by the deliberate collision of the motor vehicle by a non-motor vehicle driver or a pedestrian, the motor vehicle driver shall bear no compensatory liability.” To analyze Art. 76 of the Road Traffic Safety Law, there is a need to first clarify the basic rules of liability for motor vehicle traffic accidents in China, and then delve into SubSect. 2 of Para. 1, which stipulates that compensation for damages resulting from motor vehicle traffic accidents should not exceed 10%.