Study On Principle Of Liability Attribution And Liable Subject Of Road Traffic Accident

The major research direction of this article is principle of liability attribution and liable subject of road traffic accident. The article's purpose is to reveal the major feature of principle of liability attribution and liable subject of road traffic accident with the method of the science of civil law, and to establish the basis for the construction of the tort law system of road traffic accident. This article mainly elaborates on principle of liability attribution and liable subject of road traffic accident and is thus divided into 3 chapters, namely: 1. Definition of certain relevant concepts and expression of characters of road traffic accident; 2. Analysis of principle of liability attribution of road traffic accident; 3. Research on liable subject of road traffic accident. First chapter fully discusses the definition of road traffic accident and defines various concepts in road traffic accident such as "Vehicle", "Road"and "Operation", thus further discusses the four main characters of road traffic accident: Great social harmfulness and inevitability; multiple causes; the dissymmetry between loss fill-up and the endurance of direct parties; the uniqueness of burden of proof. Second chapter constructs a system of principle of liability attribution of road traffic accident with fault liability (including presumed fault liability) as a leading principle and fair liability as exception and elaborates in detail the reason to adopt fault liability not strict liability, then analyzes the value of fair liability. Fault liability has five advantages: 1. The fact that tort law system uses fault as the basis is the important foundation of fault liability as a leading principle; 2. The most important aim of tort law legislation of road traffic accident produces the object requirement; 3. Fault liability embodies the justice and fair of civil law; 4. Fault liability principle has multi-function social functions; 5. The enervation of strict liability helps to establish the leading status of fault liability. While strict liability has disadvantages in concept expression, belief abidance, functioning, system compatibility and efficiency. Third chapter analyzes the relationship between fault liability and liable subject of road traffic accident and holds that fault liability is the precondition and basis to ascertain liable subject. The standard to ascertain liable subject covers the disadvantages of fault liability. Then the writer raises the standard of "Danger Implication"and "Traffic Interest"of liable subject, on which the writer will analyze several types of parties of road traffic accident (such as vehicle driver, driver who drives the stolen vehicle, driver who drives without authentic permission, owner of vehicle, namely register of vehicle, namely debtor of vehicle, the buyer and seller of vehicle in installment, parties in the period of vehicle repairing, washing or maintaining, lender of vehicle, passenger, employer of driver, deputy supervisor, country and public organization) . There is a conclusion at last.