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权责清晰方能维护高效率的经济社会秩序
第一财经· 2025-11-21 02:53
Core Viewpoint - The recent judicial interpretation by the Supreme Court regarding traffic accident liability aims to clarify responsibilities in cases like "door kill," enhancing the protection of the rights of the injured parties and promoting low-cost cooperative interactions among involved parties [2][4][5]. Group 1: Legal Interpretation and Its Implications - The draft interpretation specifies that if a passenger opens a car door causing harm to others, the injured party can hold the vehicle's insurance liable, thus supporting the protection of the injured party's rights [2][4]. - This interpretation addresses the long-standing ambiguity in liability determination for "door kill" incidents, which has varied significantly across different regions, leading to inconsistent rulings [2][4]. - By clarifying the responsibilities, the interpretation aims to unify judicial standards and effectively safeguard the legal rights of the injured parties [2][4]. Group 2: Economic and Social Governance - The legal clarity on responsibilities is essential for establishing an effective incentive and constraint structure, which is crucial for minimizing economic and social costs [4][5]. - The principle of minimizing economic social costs underlies the legal framework, promoting cooperation and reducing transaction costs in economic activities [4][5]. - The interpretation suggests that drivers, having more information and ability to mitigate risks, should bear more responsibility, thus facilitating a more efficient legal and economic order [4][5]. Group 3: Broader Economic Context - The governance of "door kill" incidents reflects deeper economic and social regulatory issues, emphasizing that laws should aim to create low-cost, high-efficiency economic orders [5][6]. - As consumption becomes a driving force in economic development, clearly defining the rights and responsibilities of all parties involved in incidents like "door kill" is crucial for the practical feasibility and credibility of future economic strategies in China [6].