Identification Of Subject Of Liability Of Indemnity For Damage In Motor Vehicle Traffic Accident

With the rapid economic development in China, motor vehicle increases quickly, to 150,000,000 as on June 2007, and traffic accident shows a rise tendency. Due to lack of a particular law and uncertainty of applicable law, it brings out many difficulties in handling disputes over indemnity for the damage in traffic accident.Indemnity for the damage in motor vehicle traffic accident, in respect of which the European, America and Japan have passed special law, is an important problem in tort law. Law of The People's Republic of China on Road Traffic Safety, brought into force in May 1, 2004, is the main applicable law, but it is hard to apply in practice because of its too abstract stipulations with regard to subject and extent of liability compared with original Law of The People's Republic of China on Road Traffic Safety. This thesis defines the subject of liability of indemnity for the damage in traffic accident at the beginning, which is a pre-conditional question, to differentiate with subject of liability. Through comparative study of identification standard on subject of liability of indemnity for the damage in motor vehicle traffic accident at home and abroad, this thesis suggests to adopt the leading dualistic theory of operation dominance and operation interest as principle and unitary theory of operation dominance as complementarity. In addition, this thesis makes a further analysis of identification problems on specific occasions in practice. This author hopes the law on indemnity for damage in motor vehicle traffic accident to be perfected as soon as possible so that department of public security and people' court can be better guided, dispute over traffic accident can be better resolved, the injured can be better protected and liability of indemnity for damage can be more proper shared.