The Way Of Bearing Liability For The Transportation Company In The Traffic Accident Compensation For Damage Caused By License Leasing Vehicles

As a pattern of transport operating, license leasing practice is prevalent in car transportation in China, but there is no relevant legislation such as Road Traffic Safety Law and Torts Law has regulated the practice, such as the legal status of license leasing practice ,the obligation of the transportation company, the way of bearing liability in the traffic accident that cause by license leasing vehicles, the court have no unified standard to the subject of the responsibility ,the courts in different areas therefore have different judgements. In this article, through analysis a case of traffic accident with damages, we discuss such legal problems as the concept of license leasing operating, the inner relationship, the way of bearing liability of the transportation company in the traffic accident caused by license leasing vehicles and so on, in order to provide appropriate theories to the way to responsibility of the transportation company in the traffic accident caused by license leasing vehicles.Firstly, through"Sun versus Zhang, Peng and transportation company about traffic accident damage compensation case", we put forward the case focus and dispute, the case focus is the way to responsibility of the transportation company which lease license to Peng.Secondly, the concept and the characters of the license leasing practice . In this section, the actor introduce the concept of license leasing practice, generalize its five characters, discuss the ownership of license leasing vehicles. the actor consider that although the vehicles are registered legally under the transportation company, the man who buy the vehicles are the actual owners, vehicle register is against other one ,it is not the qualification that property come into existence according to the property law.Thirdly, the effectiveness of license leasing contract. through analyzing the effectiveness of license leasing contract, the actor consider that the contract is effectively as long as it is accord with the regulation of Contract Law, there is no legislation to forbidden this practice.Fourthly, the inner relationship of license leasing practice. The actor consider that it is contract relationship not employment relationship between the actual owner and the transportation company, and there is no employment relationship between the employee employed by the actual owner and the transportation company.Fifths, the transportation company'responsibility in an traffic accident caused by license leasing vehicles. Analyzing the legal basis of the theory of"dominant of run"and"interest of run", the actor consider that the transportation company can assume the compensatory responsibility of the traffic accident damage. Through analyzing the opinions that the transportation company should assume joint and several liability, limited joint and several liability, advanced liability, the actor consider that the transportation company should assume complementary liability.