Interpretation of the Road Traffic Safety Law of the People's Republic of China

Author: Lang Sheng
Publisher:
Publish Date: 2003-11-01
Features: The Tenth National People's Congress Standing Committee's Fifth Session passed the "Road Traffic Safety Law of the People's Republic of China" (hereinafter referred to as the "Road Traffic Safety Law") on October 28, 2003. This law is China's first legal document concerning road traffic safety, and it holds significant importance for maintaining road traffic order, preventing and reducing traffic accidents, protecting personal safety, safeguarding the property and other legitimate rights and interests of citizens, legal persons, and other organizations, and improving traffic efficiency. It is not only a crucial measure to improve China's road traffic safety management and promote the legalization of road traffic safety management, but also an important part of continuously advancing the legalization of various social management activities in China. The content of the Road Traffic Safety Law has several prominent characteristics:
1. Special emphasis on protecting the personal safety of the general public, reflecting the spirit of "people-centered." For example, it stipulates that zebra crossings and warning signs should be marked at the entrances to schools, kindergartens, hospitals, and nursing homes; tactile paving should be installed on sidewalks of major urban roads according to planning; motor vehicles should slow down and yield to pedestrians when passing a zebra crossing; motor vehicles should avoid pedestrians crossing the road when there are no traffic signals; a mandatory third-party liability insurance system for motor vehicles should be established, and a road traffic accident social assistance fund should be set up; medical institutions are prohibited from delaying treatment for injured persons in road traffic accidents due to the delay in payment of rescue expenses; and liability for damages caused by motor vehicle accidents resulting in personal injury or property loss should be specified.
2. Emphasis on combining legal management with convenience for the public. The law not only details the authority, conditions, and procedures of road traffic management authorities but also specifically stipulates legal supervision measures and liability for road traffic management authorities and their staff. Another important aspect of legal management is the imposition of severe penalties on road traffic violations to ensure the safety and smooth flow of road traffic. In this regard, the law imposes strict regulations in two aspects: , from the source to prevent vehicles with safety hazards from being driven on the road. The law stipulates the technical safety inspection system for motor vehicles, the mandatory scrapping system for motor vehicles, prohibits the production, sale, or driving of assembled or scrapped vehicles, and requires the detention of overloaded vehicles until the violation is rectified, without allowing fines and release. On the other hand, the law stipulates severe penalties such as higher fines, driving license suspension, or administrative detention for serious violations such as overloading and drunk driving. However, on the other hand, the law fully reflects the principle of convenience for the public in its provisions regarding matters closely related to people's road traffic activities, such as vehicle registration, technical safety inspections for motor vehicles, obtaining driving licenses, setting up traffic signals, and implementing traffic control measures.
3. Summarizing road traffic management experience and focusing on scientific traffic management, promptly legalizing management methods and reform achievements that have been proven effective in practice. The law stipulates that governments at all levels should ensure that road traffic management work keeps pace with economic development and social progress; technical safety inspections and driving training for motor vehicles should be implemented on a social basis; a point accumulation system should be implemented for motor vehicle drivers; and minor traffic accidents should be handled quickly. The law also stipulates that scientific research should be strengthened in road traffic management, and advanced management methods, technologies, and equipment should be promoted and used. The law also stipulates that traffic management departments can impose penalties based on traffic technical monitoring records.
Ensuring the safety, smoothness, and order of road traffic through legal management is closely related to the fundamental interests of the general public. To thoroughly publicize, study, and correctly implement the "Road Traffic Safety Law of the People's Republic of China," comrades from the Legal Affairs Commission of the Standing Committee of the National People's Congress who participated in the legislative work of the law compiled the "Interpretation of the Road Traffic Safety Law of the People's Republic of China." This book is edited by Lang Sheng, Director of the Criminal Law Office, with Wang Shangxin and Huang Taiyun as Deputy Editors. Comrades Lang Sheng, Wang Shangxin, Huang Taiyun, Teng Wei, Wang Ailei, Xu Xia, Tang Weiping, Wang Qian, Zang Tiwei, Li Zaishun, Li Shouwei, Lei Jianbin, Wang Ning, and Bu Fancheng participated in the writing. During the writing process, we strive to accurately interpret the legislative intent and the implied meaning of the articles. However, due to limited time and expertise, there may be inaccuracies in the interpretation, and we welcome readers' criticism and corrections.