The effectiveness of the road traffic liability system in China? A law and economics perspective

Yu Yan, M.G. Faure

Research output: Contribution to journalArticleAcademicpeer-review

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 risk-spreading. The analysis shows that the road traffic liability system in China can only achieve partial deterrence. Under-compensation 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.
Original languageEnglish
Pages (from-to)59-92
JournalColumbia Journal of Asian Law
Volume34
Issue number1
DOIs
Publication statusPublished - 31 Dec 2020

Keywords

  • road traffic liability
  • law and economics analysis
  • neo-classical economic model of accidents
  • Tort Liability Law in China
  • Road Traffic Safety law in China

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