机动车与非机动车驾驶人、行人之间的交通事故损害赔偿责任

从沈阳“撞了白撞”的法规到《道路交通安全法》第76条出台以来,引起了社会的广泛关注与争论。一方面,我们不仅要妥善处理行人与机动车驾驶员之间的紧张关系,更要彰显人的生命健康价值的优先地位;另一方面,也要从法律规范层面剖析第76条的归责原则与法律适用,既突出强调机动车一方要承担的严格责任,也强调行人和非机动车驾驶人违规亦应承担相应的法律后果。这样我们就能够正确地理解和掌握道交法第76条立法精神与价值取向,有利于公平合理地确定事故双方的责任,进而达到维护道路交通秩序、预防和减少交通事故、保护人身财产安全的立法目的。

On Liabilities for Traffic Accident Among Motor Vehicles, Non-motor Vehicles and Pedestrians

Both the regulation so called "collide with white wall" in Shenyang and the Article 76 of " Law on Road Traffic Safety " caused extensive concern and disputes in the society. On one hand, we not merely need to deal carefully with the tense relations between pedestrians and motor vehicle drivers, but to reflect the superior status of people's life and health; On the other hand, we should analyze the doctrine of liability fixation and law application of the Article 76 from the layer of the legal norm, emphasizing the corresponding legal consequences of violating pedestrians and non-motor vehicle drivers as well as the motor vehicles' liabilities, and thus we can accurately grasp the legislative spirit and value orientation of the Article 76 of "Law on Road Traffic Safety", which will help fairly and reasonably deciding the both parties' liabilities in the accident, and so as to achieve the legislative purpose of maintaining the traffic order of the road , preventing and reducing the traffic accident , protecting the personal safety as well as the property safety.