由个案引发的法律风险之反思

Rethought of legal risk aroused from a case

文章从"首例机动车员全责案件"中机动车驾驶员的赔偿问题出发,分析了我国新《道路交通安全法》的漏洞,并根据亚里士多德的关于法治的定义,对我国已经制定的法律的内在质量进行反思,认为不具有可预期性、明确性、可循性、稳定性、无内在矛盾性、同一性等,可能是我国现行法律在不同程度上面临的风险。

The applying of the new Communication Law leads to many problems as to the compensation paid by the driver. This article analyzes the leaks and makes rethought about the quality of our country＇s legislation according to the definition of ＂rule by law＂ given by Aristotle. The author argues that it has no prospective and abide points, clarity, stability, consistency and identity, which could make our legislation got legal risk in different levels.