Study On Special Subject Of Tort Liability In Traffic Accidents

In traffic accidents, the driver, real owner and registered owner of the vehicle are always not the same person, such as the vehicle is rent, traded, stolen, robbed and etc. This results in the difficulties to determine the special subjects of tort liability. Criterion of judging the special subjects of tort liability is lacked currently in China, and relevant provisions are not clearly enough, leading to different opinions in judicial practice. To meet the needs of practice, the unified criterion of judgment must be established.This paper aims to establish the criterion of judgment, which is suitable to China, by analyzing the current theory and practice and discussing the judging standards. The study is divided into three parts. In the first part, the legislative and judicial situation on determining the special subjects of tort liability in traffic accidents is presented, and the problems of lacking general principle on determining the special subjects of tort liability in traffic accidents is pointed out. In the second part, the scientificalness and rationality of the operation control and operation interest criteria are discussed, by researching the relative theories in foreign countries and theory in our country. Then, Theory of broad explanation is adopted. Moreover, suggestion to set the general criteria of judgment of subjects of tort liability in traffic accidents is made. In the third part, the criteria of operation control and operation interest are applied to special infringement cases, and different types of cases are analyzed.