论机动车与非机动车驾驶人、行人之间交通事故赔偿的归责原则

The doctrine of liability fixation of Traffic Accident Compensation Between Motor Vehicle Drivers,Non-motor Vehicle Drivers and Pedestrian

关于机动车与非机动车驾驶人、行人之间交通事故赔偿归责原则的问题,理论界一直存在争议。试在对不同的观点进行分析的基础上,指出主张过错推定原则的观点对机动车第三者责任强制保险责任的责任基础缺乏正确的认识,并在区分责任成立与责任承担的基础上,正面解读无过错原则,从而厘清无过错原则与过失相抵规则之间的关系。

There has always, been a controversy on the doctrine of liability fixation of traffic accident compensation between mo- tor vehicle drivers, non - motor vehicle drivers and pedestrian. Based on the analysis of different points of view, this article points out that there is an incorrect understanding of the basis of the compulsory automobile liability insurance for the third party , which holds that the doctrine of no - fault liability. And by distinguishing the establishment of liability and the assumption of liability, this article gives doctrine of no - fault liability a positive interpretation and clarifies the relationship between the principle of no - fault li- ability and the rule of contributory negligence.