在道路交通安全问题上,存在着行人、非机动车一方的通行安全利益与机动车方的快速、畅通利益之间的冲突。立法者应当基于现代法治、人权的理念,通过合理分配道路交通事故的风险责任以平衡双方的利益,最终实现社会利益的最大化,进而达到维护良好交通秩序的目的。 On road traffic safety issues, there is a conflict between the safety and security interests of pedestrians, non-motorized vehicles and the quick and smooth interests of motor vehicles. Based on the modern concept of rule of law and human rights, legislators should balance the interests of both parties by reasonably allocating the risk responsibility of road traffic accidents so as to maximize the social interests and ultimately achieve the goal of maintaining good traffic order.