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Path the amendment that meet a standard is helpful for a change " contuse be inf
From;    Author:Stand originally
This morning, thirtieth of standing committee of National People's Congress of 10 whole nations the conference votes the decision that carried standing committee of countrywide National People's Congress to change way of road transportation safety about repairing, wang Shengming of vice director of council of job of legal system of standing committee of countrywide National People's Congress expresses on subsequently press conference, this modification that second path meets a standard is " truth more easy to read and understand, responsibility is clearer " , from compensation in principle and past photograph are compared, did not make a change, but the truth is told more easy to read and understandly, responsibility is clearer, what also be helpful for a change existing socially at the same time is individual " contuse be inferior to bumping dead " phenomenon.

Wang Shengming says, after law of road transportation safety is promulgated, pay close attention to extensively socially, many delegates also put forward for many times second reading. This standing committee is opposite " law of road transportation safety " undertaking modification can saying is standing committee serious conduction delegate is second reading, esteem popular wishes, hold to legislation to be civilian incorporate. Meet a standard about original talk the 76th, put in the understanding with different move socially. Handed in a law this to undertake modification to, the compensatory principle that original talk meets a standard is fault responsibility add a part not to have fault responsibility. Made clear the part that does not have fault responsibility this further, namely fault responsibility is added highest do not exceed 10% without fault responsibility.

Wang Shengming thinks, this modification that second path meets a standard, in compensatory in principle the regulation of past prepping according to did not do big modification. This modification is " truth more easy to read and understand, responsibility is clearer " , say the reason to get clearer, commonner, truth more easy to read and understand, responsibility is clearer. The standard is met in original talk on the 76th foundation, made clear the following 3 problems:

One, issue motor vehicle one party clearly to want to assume responsibility in what circumstance further. Set this, blame motor vehicle drives person and pedestrian do not have a fault, then implicit is motor vehicle one party responsible, want to assume responsibility below this kind of circumstance.

2, motor vehicle of farther clear blame drives below person and pedestrian's wrong circumstance, want to reduce the liability of motor vehicle one party appropriately according to fault degree.

3, one party of farther clear motor vehicle does not have a fault completely, assume the liability to pay compensation that does not exceed 10% at most.

In the light of what exist socially individual " contuse be inferior to bumping dead " phenomenon, wang Shengming thinks, path revise this what meet a standard be helpful for changing this kind of appearance. He emphasizes, "Contuse already very unfortunate, must not bump dead " . Because this responsibility and consequence are completely different. If be to contuse, from jural look, it is average civil issue only. After happening, basically remedy a problem namely. And design according to present system, it is above all by compulsory insurance, will assume liability to pay compensation by insurance company. If want to strike this person dead, belong to the accident of great liaison man that sets on criminal law likely. According to the regulation of criminal law, sentence 3 years of the following imprisonment likely.
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