Research On Subject Of Responsibility And Apportionment Of Tort Liability In Motor Vehicle Traffic Accident In Tort Law

Motor vehicle accident is a typical special tort liability. Motor vehicle accidents as the complexity and diversity, both in theory and judicial practice problems to be solved there. Among them, the most central, is the most perplexing judicial practice, mainly the following two issues:one is how to identify the subjects, the other is how to bear responsibility for tort liability in motor vehicle accidents. Although China's legislation required by the motor vehicle traffic accident liability, but because of the provisions of uncertainty, resulting in abuse of judicial practice appears the responsibility of the main subjects, adding to the main responsibility for the phenomenon.In theory, how to identify the subjects concerns a theory of how to bear responsibility for tort liability; how to bear responsibility involved in apportionment of tort liability. To solve the problems above, Western theories of custodian introduced, but because the ambiguity of its criteria, and subject of the theoretical basis of Automobile Liability-protection from the Perspective of the weak risk of liability and the "Road Traffic Security Act "restrictions on the type of motor vehicle accident, not a fundamental solution to identify the subjects; Sharing of responsibility, the current study the use of tort liability theory to analyze the morphology of responsibilities between the main responsibility, but responsibility is a form of shared responsibility focus on external manifestations, and how to share responsibilities between the principal legal basis and the specific share standards are rarely discussed, even more important is the number of shared responsibility between responsible research is basically in the absence of state.In view of the above problems, this paper from the law and freedom of action in equity interests of the ideas of tort law, combined with the legal basis of accident liability and accident classification of legislation to the new object responsibility and the responsibility of the binary paradigm anchored behavior will Motor Vehicle Components and integration of sharing. In this paper, clear criteria will be divided into objects Motor Vehicle responsibility and act responsibility. Breach of duty is the object contacts the motor vehicle safety and other obligations or legal obligation to pay compulsory insurance liability arising; Acts directly with motor vehicle liability is liability for damage caused by traffic accidents. Object liability usually bears the fault responsibility; behavior subjects, as the traffic of the main responsibilities of the other type of fault, respectively, assume the fault responsibility (between motor vehicles) and no-fault liability (between the motor and non motor vehicle). Under existing legislation, through the "Tort Liability Act," the main duty and acts on the object interpretation of the main responsibilities and the responsibilities of the main acts of law and the "Road Traffic Safety Law". Article 76 "Motor Vehicles" of the docking, the establishment of a rational structure, the system finds the main smooth system, different types of body depending on the responsibility principle to determine whether bear responsibility. Sharing of responsibility, but also the responsibility to object structure and behavior of anchored half the responsibility, shared responsibility for the type of traffic to be studied Responsibilities under the object, behavior, different combinations of responsibilities between its different types of obligations owed to the principal of its breach, will be presented in different Motor Vehicle Liability Forms that joint and several liability, additional liability and joint and several liability is not really in the main shared between the rational, and ultimately to meet the balance of interests, the demands of distributive justice.