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No.2 of Four Model Cases Published by the Supreme People's Court: Wu Jundong and Wu Xiuzhi v. Hu Qiming and Dai Congqiu (case of dispute over compensation for personal injury in a traffic accident)
(case of dispute over compensation for personal injury in a traffic accident)
最高法发布四起侵权纠纷典型案例之二：吴俊东、吴秀芝与胡启明、戴聪球交通事故人身损害赔偿纠纷案
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[Key Terms]
standard of proof of high degree of probability ; weight of proof ; determination of traffic accident liability
[核心术语]
高度盖然性的证明标准;证明力;交通事故责任认定
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[Disputed Issues]
Where the traffic administrative department fails to determine the causes and liability in respect of a traffic accident, could the court determine the traffic accident liability by the standard of proof of high degree of probability?
[争议焦点]
交通管理部门对交通事故成因及责任无法认定的情况下，法院能否依据高度盖然性的证明标准确定事故责任？
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[Case Summary]
The standard of proof of high degree of probability applies the recognition means of preponderance of probability to civil trial in the judicial area under which if the evidence is not sufficient and reliable enough to prove the facts to be proved and if the evidence produced by one party has proved that the facts are of a high degree of probability...
[案例要旨]
高度盖然性的证明标准是将盖然性占优势的认识手段运用于司法领域的民事审判中在证据对待证事实的证明无法达到确实充分的情况下如果一方当事人提出的证据已经证明该事实发生具有高度的盖然性人民法院即可对该事实予以确定。通常情况下...
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| No.2 of Four Model Cases Published by the Supreme People's Court: Wu Jundong and Wu Xiuzhi v. Hu Qiming and Dai Congqiu (Case of Dispute over Personal Injury Compensation in a Traffic Accident) | | 最高法发布四起侵权纠纷典型案例之二：吴俊东、吴秀芝与胡启明、戴聪球交通事故人身损害赔偿纠纷案 |
| I. Basic Facts | | 一、基本案情 |
On November 23, 2010, a traffic accident occurred when Wu Jundong overtook an electric bicycle without a plate driven by Hu Qiming (carrying his wife Dai Congqiu thereon) on the mixed driveway for motor vehicles and non-motor vehicles in the full width of six meters by driving a right three-wheeled motorcycle (Lu DK0103) owned by Wu Xiuzhi. The electric bicycle got out of control and turned to its side, which caused injuries of both Hu Qiming and Dai Congqiu. Afterwards, Wu Jundong sent them to hospital for treatment. Both parties sticked to each other's arguments on whether Wu Jundong drove with caution and whether the motor vehicle driven by him was scraped and collided with the electric bicycle driven by Hu Qiming. The traffic administration failed to determine the accident causes and liabilities. In the process of overtaking, the vehicle driven by Hu Qiming was driving on the right side of the road, about half a meter away from the right roadside, the vehicle driven by Wu Jundong was driving about one meter away from the right roadside, and the horizontal distance between the two vehicles was about 40 to 50 cm. The motorcycle driven by Wu Jundong was in the fifth gear when it overtook the electric bicycle. There was a black car fast coming head-on and Wu Jundong said he felt a little dangerous. The road on the scene was flat and besides the black car, there was no other vehicle when the accident occurred. Both vehicles involved in the accident conformed to the technical standards for safety; and Wu Xiuzhi did not purchase the compulsory traffic accident liability insurance for the vehicle.
．．．．．． | | 2010年11月23日，吴俊东驾驶吴秀芝的鲁DK0103普通正三轮摩托车在全宽6米的机非混合车道超车时，与胡启明驾驶的无号牌电动自行车（搭载其妻戴聪球）发生交通事故。电动自行车失控侧翻致胡启明及戴聪球二人受伤，随后吴俊东送二人至医院治疗。双方就吴俊东是否谨慎驾驶及其所驾摩托车与胡启明所驾电动自行车是否发生刮擦及碰撞，各执一词。交管部门对事故成因及责任无法认定。超车过程中，胡启明车辆靠道路右侧行驶，距道路右边半米左右，吴俊东车辆距离道路右边一米多远，两车横向距离为40—50厘米。吴俊东超车时为五档，迎面有一黑色轿车快速驶来，吴俊东称感觉有点危险。事发现场道路平坦，事发时除黑色轿车外无其他车辆经过。事故车辆经检验均符合安全技术标准；吴秀芝的车辆未投保交强险。
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