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我国道路交通事故责任归责原则在现行法中主要体现于《道路交通安全法》第76条,在具体如何理解方面学界众说纷纭,本文对此一一作了辩驳分析,厘清了归责原则与赔偿规则两个截然不同的概念,并从理论和现实出发提出了在机动车与非机动车驾驶人、行人发生交通事故时我国应当坚持无过错归责原则的观点。
The principle of liability for road traffic accidents in our country is mainly embodied in Article 76 of the Law on Road Traffic Safety under the current law. There are many differences in the specific understanding of the field of study. This article analyzes the principle of liability attribution and the rules of compensation Two completely different concepts, and from the theoretical and practical point of view put forward the viewpoints that our country should uphold the principle of no-fault attribution when motorists and non-motorized drivers and pedestrians are involved in traffic accidents.