Back to Search Start Over

THE EFFECTIVENESS OF THE ROAD TRAFFIC LIABILITY SYSTEM IN CHINA? A LAW AND ECONOMICS PERSPECTIVE.

Authors :
Yu Yan
Faure, Michael
Source :
Columbia Journal of Asian Law. Fall2020, Vol. 34 Issue 1, p59-92. 34p.
Publication Year :
2020

Abstract

This article analyses the effectiveness of the Chinese road traffic liability system in terms of both deterrence and compensation. We utilize the neo-classical economic model of accidents to assess the key features of the system, such as the basis of liability, the level of the benefits, the impacts of liability insurance and regulation, as well as the capacity of riskspreading. The analysis shows that the road traffic liability system in China can only achieve partial deterrence. Undercompensation and insufficient risk-spreading seem to be serious problems, at least in the economically underdeveloped regions. Therefore, we propose several legislative changes that the policymaker could implement to improve the system. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
10948449
Volume :
34
Issue :
1
Database :
Academic Search Index
Journal :
Columbia Journal of Asian Law
Publication Type :
Academic Journal
Accession number :
149347967