Research On Principle Of Culpability And Responsible Subject For Personal Damage Compensation In Road Traffic Accident

According to the current status of improper application of the principle of non-fault liability and contributory negligence in the particular case of the trial practice and difficult affirmation of responsible subject, this thesis mainly discusses on those two aspects of the principle of culpability for personal damage compensation in road traffic accident and its responsible subject. In the first chapter The Principle of Culpability for Personal Damage Compensation in Road Traffic Accident, it separately states the essentials of development of the principle of tort liability, legislative review of foreign relevant principle and the liability principle applying to personal damage compensation in road traffic accident in China, and the author is studying to theoretically clarify the doubt of the principle of culpability for non-fault liability and the confusion of the principle of non-fault liability to a case in the trial practice. In this chapter, emphasis is put on the several problems of the rule of contributory negligence in application. In the definition of the victim's fault, the author thinks that a case should be affirmed through whether victims have fault and their fault's degree, and thinks that the responsibility certificate for a traffic accident is only considered as evidence to be reviewed but not the sole foundation to identify whether the victim has fault and their fault's degree. At the same time, the fault's degree may be identified through compare of causation. In the applicable subject, the author thinks that the person without or with limited capacity for civil conduct, including children aged under 10 years old and mentally impaired person, shall be applied to the principle of contributory negligence in order to promote legal guardian to earnestly perform their legal liability, but this principle does not apply to blind person, deaf person and handicapped person whose reduce of acknowledging and controlling capacity are directly led by physical handicap, and not principally apply to elder aged over 70 years. In the scope of compensation, the author considers that total compensation amount shall be applied. In the burden of proof, the author acknowledges that principle of contributory negligence shall not be confirmed with the judge's power, but the principle of"He who alleges has to prove". In the last chapter of this thesis, the author discusses the exemption excuses and thinks that the force majeure under special condition besides victim's intention shall be put into the exemption causes. In the second chapter--Responsible Subjects of Personal Damage Compensation in Road Traffic Accident, the thesis discusses the general standard of damage compensation liability subjects and claims that Dualism of Operation Control and Operation Interest shall be used to confirm the damage compensation liability subjects, and thinks that the Operation Control and Operation Interest shall be extendedly explained. In this chapter, the thesis discusses how to confirm the damage compensation liability subjects under some special conditions, including separation of the car's owners and its drivers on the bases of the theory of Dualism. The thesis thinks that we shall differentiate situation to confirm the damage compensation liability subjects in the car rental, such as the lesser shall burden all the compensation liability in the car-charter rental, and the lesser and lessee may burden the compensation liability together in the bare car rental. In the finance lease, the lessee shall burden all the compensation liability; in the affiliated operation, both parties shall principally burden the compensation liability together, expect some special condition; in the simply transference of possess of the vehicles, the practical possessor shall burden all the compensation liability.