Research On Damages Liability For Traffic Accident Of Motor Vehicle

Traffic accident results in severely negative influence to the development of economic and society in China. The damage compensation of person and property is inevitable when it happens. Hence, the right legal system of damage compensation on traffic accidents of motor vehicles is meaningful to handle the dissension between the parties, to prevent and decrease the happenings. This essay is divided into four parts to analyze the concerning problems about the damage compensational responsibility of traffic accident of motor vehicles: the summary of damage compensational responsibility of traffic accident of motor vehicles, the imputation tenets of damage compensational responsibility of traffic accident of motor vehicles, the main body of damage compensational responsibility of traffic accident of motor vehicles, the perfection of the system of damage compensational of traffic accident of motor vehicles.1. The summary of damage compensational responsibility of traffic accident of motor vehiclesIn this chapter, the thesis nails down the definition of traffic accident, historically reviews the general situation of traffic accident in China, and differentiates the damage compensation responsibility of traffic accident of motor vehicles and the responsibility of traffic accident of motor vehicles.Traffic accident means that vehicles lead to accidents on the road with casualty or property loss because of fault or suddenness. Damage compensational responsibility of traffic accident of motor vehicles means the party of vehicle should assume the civil compensational liability in the form of money or substance to compensate victim resulting from bringing on the damage of property or body due to inflict deeds when moving. The Damage compensational responsibility of traffic accident of motor vehicles is different from the responsibility of traffic accident of vehicles in the character. The former is civil liability, but the latter is administrative validation. The subject of them are also different.2 The imputation tenets of damage compensational responsibility of traffic accident of motor vehiclesThe damage resulting from traffic accident of vehicles is tortuous. Damage compensational responsibility of traffic accident of motor vehicles is tortuous civil liability. Therefore, it is necessary to follow the imputation tenets of the law of tort. In China, the system of imputation tenets is blamable liability principle and unblamable liability principle, and understanding blame is the particular situation of blamable liability principle.This essay reviews the imputation tenets of damage compensational responsibility of traffic accident of motor vehicles at abroad from the perspective of comparative law.(1) The imputation tenets of damage compensational responsibility of traffic accident of motor vehicles in English legal systemAbout the damage compensational of traffic accident of motor vehicles, Britain adopts the combinative form of blamable liability principle and compulsive responsibility security of motor vehicles in ordinary law.The U.S takes the normative mode of the combination of faulty tortuous liability and random responsibility security.(2)The imputation tenets of damage compensational responsibility of traffic accident of motor vehicles in continental legal systemAbout the damage compensational of traffic accident of motor vehicles, Germany takes unblamable liability principle. The prejudication in 1930 passed by the supreme court in France affirms that there is no need to tell the damages resulting from intrinsic bugs and operation of vehicles, uniformly taking unblamable liability. Japan establishes understanding fault liability. About traffic accidents on the road, Taiwan takes prescribes of tort in civil law of Taiwan, adopting understanding fault liability, and setting impulsive responsibility security.The imputation tenets of responsibility of traffic accident established by the security law of road traffic in China cannot reduce to uniformly take blamable liability as well as unblamable liability. It sets up a system of imputation tenets, adopting different imputation tenets in different situations: the unblamable liability of insurance agent, the blamable liability between vehicles, the unblamable liability to pedestrians and non-motor vehicles.3. The subject of damage compensational responsibility of traffic accident of motor vehiclesThe subject of damage compensational responsibility of traffic accident of motor vehicles is the person who should take on the civil damage compensation responsibility in terms of law because of traffic accident. It is familiar in true-life that the owner and the driver of vehicles are often inconsistent. The standard of assuming the damage compensation responsibility of traffic accident is the ascription of masterdom and benefit of operation. The main body may be the person with liability or the owner of the vehicle, or others having real eminent domain to the vehicle and taking operating benefit.The tort liability modality means, in the legal relation of tort, according to the requirement of different kinds of tort, the expressing form of tort liability distributing between different parties. The tort liability modality has three types including direct liability and indirect liability, unilateral liability and both liability, solo liability and common liability. These three types are not coordinate, but form containing each other.Because there are no special laws and codes about the compensation of traffic accident in China, and there are no uniform provisions about the main body to compensate for the accident, related prescribes disperse in the civil general rule, the security law of traffic and concerning judicial interpretation. The thesis tries to discuss the compensators from the perspective of tort liability modality on the basis of the standard of belonging of liability from the control and belonging of benefit of vehicles.(1) The subject of damage compensational responsibility of traffic accident of motor vehicles in direct liabilityIt is a common situation to assume responsibility according to the direct liability in traffic accident, namely the owner and the driver of the vehicle are consistent. Moreover, according to the judging standard of main body who reins control and acquires benefit, under the circumstances of failure to transfer the vehicle, repairing, consigning to safekeeping or impawning or divided payments, the traffic accident takes direct liability.(2) The subject of damage compensational responsibility of traffic accident of motor vehicles in substitutive liabilityAccording to direct liability to assume responsibility, the liability of traffic accident includes employers'liability and the insurance agent's liability within compulsive security of the third party.(3) The subject of damage compensational responsibility of traffic accident of motor vehicles in joint liabilityThe main bodies include the leased and loaned vehicles, and the parking vehicles leading accident.(4) The subject of damage compensational responsibility in compensating liability The subject contain those who are under the circumstance of stealing driving and contracting causing accident.It should take counteracting fault and lighten the compensational responsibility of motor vehicle party if non-motor vehicle or pedestrian has faulty. 4. The perfection of the system of damage compensational of traffic accident of motor vehiclesAbout the perfection of the system of damage compensational of traffic accident of motor vehicles, this essay puts importance on the system of the third liability compulsive security and the social relieving funds for traffic accident.About the system of the third liability compulsive security, it's supposed to increase the protection of the driver and rider, to explain the compensation without responsibility of the insurance agent and the direct petition of the victim to insurance agent.About the social relieving funds for traffic accident, it's supposed to establish its administrative institution, extending its source of outlay.