非机动车、行人上高速公路引发交通事故的损害赔偿问题研究

Research in the Compensations for Traffic Accidents Caused by Non-vehicles' or Pedestrians' Traveling on the Expressway

非机动车、行人上高速公路引发的交通事故损害赔偿,应在确定交通事故责任的基础上,对机动车一方适用严格责任作为归责原则。同时,受害的非机动车驾驶人、行人一方的行为是一种自甘冒险的行为,具有严重的过失,应当实行过失相抵,将非机动车驾驶人或者行人的过错折抵机动车一方的赔偿责任,使各自承担相应的赔偿责任。

The principle of vehicles＇ taking strict responsibility, after responsibility having already been decided, is applied in the compensations for traffic accidents caused by non-vehicles＇ or pedestrians＇ traveling on the expressway. On the other hand, the damaged non-vehicles or injured pedestrians are to blame because of their risks. Therefore, they should bear commensurate liabilities on the precondition of strict responsibility. The fault of the drivers of non-vehicles or pedestrians is able to counteract the vehicles＇ drivers＇ responsibility to compensate.