Identification Of The Compensatory Subject Of Liability In Motor Vehicle Traffic Accident Damages

With the rapid development of economy and society, the quantity of the vehicle grows rapidly, and causing great damage at the same time, road traffic safety has become a serious social problem. The victim's compensation is the central problem in motor vehicle accidents, and the identification of the subject of liability of compensation for damage is the central problem of the compensation for damage. In China, there has no systematical legislation and has not reach a consensus on the issues about the subject of compensation, the doctrine of liability fixation and the criterion of liability. There also has no unified regulations on how to identify the subject of liability and what kind of responsibility under different situations. Different results may appear in different courts from time to time, which affecting the legal unified application and the judicial authority. This paper based on the basic theory, introduces the concept of the subject of liability and the theoretical basis in road traffic accidents. It summarizes the doctrine of liability fixation and analyses the current legal regulations of the criterion of liability subject and proposed legislative suggestions. At last, focus on the judicial practice, sort out the specific subject of liability, hoping to provide some operational references for the problems existing in practice in the field of the tort law.