| According
to the statistics provided by Traffic Administration Bureau attached
to Ministry of Public safety, the number of the total road traffic
accidents from the January to April in 2003 was 448535, with the
death of 66180 persons. 270 people died from traffic accidents and
330331 were injured per day. The frequent traffic accident, endangering
each person’s safety of life and property, has become a serious
problem in China’s society. On October 28th, 2003, Road Traffic
Safety Law of People’s Republic of China was enacted by Standing
Committee of the National People’s Congress, in order to change
the seriously deteriorating situation, maintain the order of road
traffic, and prevent and reduce traffic accidents. Some improvement
in this law is worth attention.
1. Denial of "shouldering no duties after
running others down", and establishment of "saving people
first after traffic accidents"
The disposal methods on road traffic accidents of pedestrians and
motor vehicles stipulated by a certain city in Dongbei Province
on August 30th, 1999 adopted the principle of "if a pedestrian
is run down by a motor vehicle because of his/her crossing streets
without walking on the zebra crossing, the pedestrian instead of
the motor vehicle shall shoulder the responsibilities on the condition
that the motor vehicle has no violation of the traffic regulation".
Afterwards, other provinces and cities followed the lead. The establishment
of the principle aimed at reprimanding pedestrians who do not obey
the traffic rules so as to reducing the phenomenon of traffic jam.
However, some members of NPC Standing Committee proposed that most
of the Chinese civilians have not insurance against personal accident
injury, and law shall protect the rights and interests of the weak
to incarnating the care and love for life. This Road Traffic Safety
Law in the end adopted the doctrine of presumptive wrongs. Therefore,
the motor vehicle shall take the responsibility if an traffic accident
happens between a motor vehicle and a non-motor vehicle or between
a motor vehicle and a pedestrian. However, if there exists any evidences
that the driver of the non-motor vehicle or the pedestrian violates
the laws or regulations on traffic safety, with necessary measures
taken by the driver of the motor vehicle, the responsibility of
the motor vehicle shall be abated. If the loss resulted from the
traffic accident is caused by the non-motor vehicle or pedestrian
deliberately, the motor vehicle shall not shoulder any responsibilities.
After a traffic accident, the vehicle's driver shall immediately
save the injured persons. Having arrived at the spot, the traffic
policemen shall organize the salvage of injured ones. Medical treatment
institutions shall not delay curing because the salvage expense
are not paid promptly, which will change the situation that medical
treatment institutions close the door on injured persons due to
their worry of not managing to take back the medical treatment expenses.
In addition, the regulation on salvage expenses is definitely stipulated
in this law. If the trouble-making vehicle has had compulsive insurance
of the third-party responsibility for motor vehicles, the salvage
expenses shall be paid by the insurance company within the scope
of liability quota. On the condition that the salvage expense exceeds
the liability quota, the trouble-making vehicle hasn't had compulsive
insurance of the third-party responsibility for motor vehicles,
or the troublemaker escapes, the social salvation fund for road
traffic accidents will prepay some or all of the salvage expenses.
The social salvation fund for road traffic accidents has the right
of recourse to the person liable for the traffic accident.
2.To maintain interests of vehicle owners, no
expenses being charged against trailing vehicles any longer
The vehicle owners were always complaining about policemen's trailing
vehicles. Sometimes when owners parked their vehicles in the place
without any no-parking signs or with unobvious sign, the vehicles
were trailed away in the end. Sometimes the owners were not noticed
of their vehicles having been trailed away, thus, these owners of
vehicles did not know where to get their vehicles back. Occasionally,
the brutal operation in the process of trailing vehicles resulted
in the impairment of the trail-away vehicles. Besides, the fee for
trailing cars was quite high, which peremptorily became a method
of increasing incomes for certain departments and certain people.
Aiming at solving this situation, it is stipulated in the Road Traffic
Safety Law that if the parking of a vehicle is against laws and
regulations, oral warning can be adopted to order the vehicle driven
away immediately. On the condition that the driver is not on the
spot, or although he/she is on the spot, his/her refuse of driving
away promptly hampers the passes of other vehicles or pedestrians,
he/she shall be fined more than 20 yuan and less than 200 yuan,
and his/her vehicle can be trailed away. However, the traffic administration
department of the safe public organs shall not charge any expenses
to the part concerned, and shall inform the person the parking place
of his/her vehicle in time. If the motor vehicle is impaired by
the incorrect way of trailing, the liability of compensation shall
be shouldered according to the relevant laws and regulations.
3. The path especially for the blind established
in cities, showing humanistic care
It is stipulated in the thirty-third article of the Revolution Draft
of the Road Traffic Safety Law for the Third Review that the zebra
crossing shall be lined out and suggestive signs shall be set up
where there are no street-crossing facilities in front of middle
schools, primary schools, kindergartens, hospitals, rest homes.
Some members of NPC Standing Committee proposed that the special
path for the blind shall be set up on the pavements in large-size
and middle-size cities, to embody the legal care and love for the
handicapped. The above-mention suggestion was adopted in this law.
It is regulated in the second section of Article 34 that the path
for the blind shall be set up according to the programming on the
pavements of cities' main roads. The setup of the paths for the
blind shall accord with corresponding standards.
After 10-year argument and 4-time reviews,
the Road Traffic Safety Law is enacted at last. However, we cannot
hope extravagantly that a law can immediately change China's large
number of traffic accidents. Only with the collective efforts of
the whole society, can each person walks on the street without fear,
and can the number of people dead from traffic accidents be reduced.
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