Research On Motor Vehicle Owner's Vicarious Liability

China's existing laws and regulations on vehicle and non-vehicle side, pedestrian road traffic accidents occurred between the liability for damage, the use of "motor vehicle side," the responsibility of the main shortcomings defined standards have yet to establish a system under the current market economy The accident damages the legal system. In practice, motor vehicle owner and driver often phase separation, in such cases, whether motor vehicle owner should be held liable for compensatory damages? What is the nature of the owner liable?This is the first introduction of the theory of "motor vehicle owner's vicarious liability", through the interpretation of law, history, comparative studies, empirical research, value analysis, on the owner and driver of the state of separation, the liability of establishment and commitment in owner of "motor vehicle side". In this paper, use the keynote of "motor vehicle owner's vicarious liability", divided into four chapters were discussed:Chapterâ… : General concept of liability for traffic accidents' damage compensate. Responsibility from the start of road traffic accidents, the principle of tort liability, tort liability, and other basic shape theory, clear the main road traffic accidents liability of the special nature of owner and driver of disagreement, there were two drivers and owners of the main responsibilities, and further led to the owner of motor vehicle vicarious liability issue.Chapterâ…¡: Theory and legislature comparison on motor vehicle owner's vicarious liability. This chapter is divided into two parts; the first part discusses the theory of motor vehicle owner's vicarious liability. This chapter from the vicarious liability of origin and morphology started on, the existences of the owner of motor vehicle have laid the foundation. Motor vehicle owner and gradually introduce a vicarious liability theory, have focused on its presence and the full theory. The second part discusses the legislation comparison study of the motor vehicle owner's vicarious liability. Mainly from the common law, civil law countries such as a comparative study thus learn from foreign advanced principles and the relevant ways to further improve our motor vehicle owner's vicarious liability theory.Chapterâ…¢: Present situation on motor vehicle owner's vicarious liability in our country. First introduced China's current owners of motor vehicle vicarious liability of the state of legislation, and then, the paper vicarious liability on the owner of motor vehicle of the type of situation analysis, the main summarized as follows: The first one is the driving motor vehicle owner agree that the legitimate use of the situation. The second is without the owner permission to use the motor vehicle case. The third is motor vehicle is sold and delivered situation.Chapterâ…£: Construction system on our country's motor vehicle owner's vicarious liability. Although China's laws and regulations dose not expressly refer to theory on motor vehicle owner's vicarious liability, but in practice, in regard to motor vehicle owner and driver separation, alternative motor vehicle driver held liable for compensatory damages of the minority. Therefore, I believe that, based on the non-motorized vehicle and pedestrian traffic between the damages, the liability of owners of motor vehicles determined benchmarks should be adopted "dangerous implications", "operation receipts" and "fault principle."When motor vehicle owner and driver are separation, although the owner haven't direct control and manage motor vehicle, but the owner agreed that the motorist to drive, there are still dangers involved with the relationship between owner should bear certain damages responsibility. At the same time, if the owner enjoy the benefits of the operation, or haven't bear a reasonable duty of care, should undertake corresponding liability. This responsibility is not derived directly from the owner, but by the driver who directly bears the liability for damage circumstances, the owner will have the fault of the need of shared responsibility, the responsibility of the owner of vicarious liability.As the owners of motor vehicle vicarious liability system is not a good relief, and is based on flawed legislative practice of the complexity of the produce, therefore, in order to better safeguard the rights of the victims, to efficiency and fairness, it should improve motor vehicle damages related legislation.