《道路交通安全法》第76条之运行实效分析

Analysis the Enforcement Efficacy of the 76th Clause of Law of the People's Republic of China on Road Traffic Safety

《道路交通安全法》的颁布实施,尤其该法第76条关于交通事故处理的规定引起社会大众和法学、社会学以及经济学的学者们的热烈探讨和争论。该法实施两年来,第76条的实效究竟如何?文章运用法律社会学的法律实效理论的分析框架,创造性地提出法律实效评判的内在标准和外在标准,依托权威性的“社会事实”,兼采经验实证与逻辑推理的方法,揭示该76条在运行中取得的良好实效,展示该法律在实现社会控制中起到的积极作用,呼吁人们树立正确的守法观念和守法意识,坚持依法办事,构建和谐社会。

Since ＂Road Traffic Safety＂ has promulgated the implementation, the stipulation of the 76th in the law which about the traffic accident in the driver, the pedestrian and the insurance company responsibility undertakes causes the social populace and the legal science, the sociology as well as the economic and so on the scholars warm discussion and the argument. Practice is the sole criterion for testing truth. Then, how about the efficacy of the 76th it is on the earth in two years？ This article utilizes the efficacy of law of the sociology of law , with the aid of the internal standard and the external standard about the efficacy judgment of law, depending on authoritative ＂the social fact＂, simultaneously picking the experience and the positive method, promulgating the 76th the good efficacy in legal operation process, demonstrating the positive role in social control through law, appealing the people set up correct law-abiding idea and consciousness of observing the law and insist to handle affairs in accordance with law to construct the harmonious society.