交通事故立法疏漏之研究

在我国处理道路交通事故几乎都是依照国务院《道路交通事故处理办法》进行处理的 ,由于包含着民事赔偿规范 ,这一行政规范成为审判机关审理这类案件的主要依据 ,这显然是存在问题的 ;另外 ,在体系上和原则上严重违反了《民法通则》的精神 ,一些规范的设定存在重大疏漏。

Research Into Legislative Omission About Traffic Contingency

In our country, the traffic contingencies are almost transacted by the Transactions of Traffic Contingency on Road promulgated by the State Council. As the civil rules and regulations of compensation is comprised, this administrative rules and regulations became the main foundation that trial departments adjudge these cases; It is obvious some problems exist; In addition, the promulgation of some rules and regulations have great omission in existence, and disobey the spirit of Code of Civil Law in system and principle severely.