The Affirmation On The Subject Of Liability Of Compensation For Damage In Traffic Accident On Road

Human being has come into the 21 century, traffic is becoming more and more busy with the development of society and the reflection of human value, thereupon, the amount of traffic accidents has increased with a great degree, the originally disordered problem of compensation for traffic accident also has been received unprecedented and violent attack, how to solve the problem of compensation after happening accident faster and better is the problem to be urgently solved in judicial practice. The problem on affirming the subject of liability of compensation for damage in traffic accident on road is discussed in the paper, because the author occupies the practical work of judgment and deeply feels that most traffic accidents result damages to human body and property, there are usually one or many victims in one traffic accident, while the injury or death of one victim will bring huge damages and psychical scar to the family, traffic accident on road has been paid more and more attention by all social circles as well as extensive people masses, therefore, problem about the compensation for damage of motor vehicle is no more than a single problem of compensation for damage, it not only involves whether the legal system in one country is complete or not, whether legal order is safeguarded well or not, but also involves the vital interests of extensive people masses, which has broad affects on the whole society, and has become an vital problem related to national interest and people's livelihood. However, the traffic accidents between motor vehicle and non-motor vehicle, pedestrian have been paid particular attention for relating to the confrontation of stronger person and weaker person. In judicial practice, most traffic accidents on road are caused both because of the motion of motor vehicle, because of the practical situation in our country, the scope of the person who have the right to dominate, use and make profits by motor vehicle is fairly wide, the subject of liability of compensation either is the holder who registers the motor vehicle or the practical manager, or is the person who borrow, rent the motor vehicle, it also may be the person who steal the motor vehicle in particular situation etc, natural persons usually are suffered damages in traffic accident on road, they belong to relative weak group, in order to ensure that the victim can get better and faster relief, a relatively fixed and complete standard of affirmation which uses running domination and running interests as reference principle should be established in this country, on the basis that relevant legislative and judicial practice in developed countries overseas are widely used as a source for reference and combining with the practical situations in this country.The paper is totally divided into five parts.The first part is about the affirmation principle of the subject of liability of the compensation for damage in traffic accident on road, the concept of imputative principle in traffic accident on road is illustrated first in this part, and the meaning of its concept is made clear, three kinds of imputative principles -- principle of liability with wrongs, principle of liability without wrongs, principle of fair liability which are complied by scholars and in current judicial practice are briefly introduced at the same time. Next, the above three principles are carried out discussions in detail from three aspects, the imputative principle of liability with wrongs is usually applied in this country, the imputative principle which is applied to the compensation for damage in traffic accident on road is definitely stipulated in The Law on Road Traffic Safety as: principle of liability with wrongs should be applied to the damage which is resulted in the collision between motor vehicles, the special situations of principle of liability with wrongs -- presumption of wrongs should be applied to the traffic accident occurred between motor vehicle, non-motor vehicle and pedestrian, and the party of motor vehicle should assume liability; but the liability of the party of motor vehicle can be reduced if there are evidences to proof that the driver of non-motor vehicle and pedestrian are in fault, and the driver of motor vehicle has taken necessary measures to handle. The principle of liability without wrongs is usually applied in countries of British and America Legal System , principle of liability without wrongs is a strict liability, that is, it is a kind of presumption for liability, this kind of presumption for liability is different from the presumption for wrongs, the theoretical bases of applying principle of liability without wrongs to affirm the subject of liability for committing traffic offence in every country is the theory of sharing danger, thought of danger liability and theory of danger control, theory of economics in law, theory of compensation liability. The principle of fair liability is introduced in addition.The second part is about the affirmation of the subject of liability of compensation for damage in the traffic accident by private car. The affirmation of the subject of liability of compensation for damage in traffic accident on road is the central problem of the compensation for damage in traffic accident on road, the persons involved in the liable parties of traffic accident on road may include the owner of private car, the borrower of private car, the vendee of private car, the driver of stealing the private car, the persons involved during the period of maintaining and repairing private car, the lessor and lessee of rented cars, the diver of cars for public affairs etc. As for the problem about who should assume the liability of compensation for damage in civil matters can't be settled down because of the principle of liability with wrongs, so the subject of liability of compensation for damage in traffic accident on road must be affirmed. The problem of assuming the liability of offence committed by private car is mainly introduced in this part, the problem on the assumption of the subject of liability of offence committed by private motor vehicle is discussed from five classifications: offence committed by the owner of private car, the period of which the private car has been lent out, sold, stolen, maintained and repaired.The third part is about the affirmation of the subject of liability of the compensation for damage in traffic accident by rented cars. The problem about the assumption of liability committed by rented cars is mainly introduced in this part, the problem on the assumption of the subject of liability committed by rented cars is discussed from two classifications: the offence committed by all cars of car-rent company and the offence committed by rented cars which are attached to car-rent company.The fourth part is about the affirmation of the subject of liability of the compensation for damage in traffic accident by cars for public affairs. The problem on the assumption of liability committed by cars for public affairs is mainly introduced in this part, the problem on the assumption of the subject of liability committed by cars for public affairs is discussed from two classifications: the offence committed during the period of public affairs and out of the period of public affairs.The fifth part is the conclusions, the main contents in the above four parts are summarized briefly, combination with current legal regulations in this country and the author's experience of judicial practice, some practical problems in the aspect of compensation for damage about motor vehicle in current judicial practice in this country are analyzed, and some personal opinions on these problems are put forward.