To Explore The Responsibility Of The Business Enterprise Which Has Been Affiliated By Vehicles In The Road Traffic Accident

As a pattern of transport operating, the transport affiliations are prevalent in the logistics industry in china. But the relevant legislation of transport affiliations has not yet been unified so far. The court in different areas therefore has different judgment to the subject of the responsibility,the way to responsibility in the traffic accident that caused by the affiliated vehicles.In this article, through the analysis of road traffic accident with damages case, we have examined the following questions combining of judicial practice and civil law theory: the employment relationship between Liu and Qiu; the affiliation relationship between Qiu and a transportation company; the controversy when vehicle ownership has transferred several times. From the perspective of the Civil Code to view the tort liability of affiliated enterprises under the《Road Traffic Safety Law》system, to explore the direction of the subject of the responsibility and the application of the principle of imputation under the guidance of the theory "dominant of run" and "the interests of run" in the road traffic accidents. To analyze the legal basis of the theory "dominant of run" and "the interests of run", and to define the joint liability of the affiliated enterprise based on the legal basis. The article also discussed a wide range of the future of the transport affiliations after changing the tax to the fee etc.The basic structure of this article as follows: Section I introduced the concept of affiliation business, features, expressions, as well as the history of the development; Section II introduced the basic facts and the judgment of the court in a case of the Personal injury compensation in a road Traffic accident; Section III introduced such cases judgment in the entity and the reasons for the inconsistency; the fourth quarter define the affiliated vehicle ownership and the affiliation relationship, and summed up the opinions of the responsibility of the affiliated enterprise. Section V, from the legal point of view analyzed the responsibility of the affiliated enterprise detailed. Section VI looked forward to the prospects of the development of affiliation and Put forward my own views on how to regulate the affiliated.