对我国处理道路交通事故法律制度的反思

Reflection on the Chinese Law and Regulation of the Traffic Accident Arbitration System

我国处理道路交通事故的法律制度体系已基本健全 ,但是仍存在许多问题 ,如法律、法规在归责原则上的规定相互矛盾 ;法规本身对一些问题缺乏科学、合理的区分 ;道路交通事故处理程序中的责任认定行为性质不明等 ,只有对这些问题进行修改才能适应现实的需要。

Chinese law and regulation of the traffic accident arbitration system has been basically completed through years' endeavor.However,there is still imperfection in some aspects of the system,which leaves much scope of improvement. For instance,there are conflicts in rules of responsibility in law and regulation, a lack of scientific and appropriately distinction on some issues and a failure in recognizing the nature of conducts in law procedure. Only when those problems are revised on scientific basis appropriately can the present system satisfy the demand of reality.