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

The motor vehicle is convenience to the human, but a lot of disputes caused by it. For reducing the health and the property damages caused by traffic accidents, the compensation for the damage of traffic accident became to be a special type of tort in modern civil law. Currently, there is no special legislation of the compensation for the damage of traffic accident. In order to make Chinese road traffic legislation to be more favorable to the protection of the victim and protect the legitimate rights and interests of the compensatory subject, we need to improve relevant legal system, complete national compulsory insurance system and establish security undertaking by the government.Through the identification of the concept and the liability of the compensatory subject, the first part of this article is the overview of compensatory subject in the traffic accident on road. In China, the regulation about the compensation for the damage of traffic accident is unclear. At the same time, Chinese legal theory circles have no common recognition. The various versions of the draft of this provision are different, too. In recent years, the replies from the Supreme Court to the local Higher Court only work on the place in which have replies, the branching also exist where replies absent.Germany and Japan, the representative of the continent law system, both of them have special law on road traffic accidents. So, the laws of these two countries have important effect on our country. German law is strict, Japanese law is the summing up of the experiences of countries around the world. Through the discussion of the advanced theory, you can find our country lack relevant laws. The liability theory of risk, coming from Germany, and the operation for the user theory base on running control and running interest, coming from Japan, both of them have great effect on Chinese theoretical circles and judicial practice.Our country use different liability principles based on different compensatory subject. According to the law about the compensation for the damage of traffic accident, our country apply temporary pay principle, no fault liability principle, and the principle combine the no fault liability principle and fault liability principle. At present, under special circumstances, the majority of our scholars and legal practice agree on Japanese operation for the user theory base on running control and running interest about the compensatory subject, but its connotation and extension can not be precisely defined.At present, the compensatory subject in China including insurance companies, traffic accident social fund management agency on road and vehicle side. Insurance companies take on compulsory third party liability insurance; traffic accident social fund management agency on road assume the responsibility of the advance; vehicle side take on the direct liability. All vehicles should take part in compulsory third party liability insurance. For assure the victim can get salvation in time, fund management system is the useful supplement. There are lots of subjects in vehicle side. The last part of this article classified the easiest promiscuous subject.First of all, the situation of the servant drive the vehicle arising accident, commonly, the employer should take on no fault liability and pay for the victim. Sometimes, when the employee make serious mistake, he should take on the compensation, too. Secondly, when someone have right to own the vehicle, there are two kinds in this occasion. One is someone do not have the full right of the vehicle, including the sale of the vehicle, but do not transfer the ownership and the installment sale way. In both cases the vehicle is actually delivered to the buyer, but the original owner is still the registered vehicle owner. It is unfair to let the nominal owner take on the liability, he do not have benefit on the vehicle, and he can not control the vehicle, too. The other one is simple change the people who possess the vehicle. In the simple case of transfer the possession, the original owner of the vehicle may be due to the victim for various reasons, though he lost the operation and the operation of interest of the vehicle, may still be liable. Thirdly, under unauthorized possession occasion, including presume driving and stolen occasion. Stolen occasion is the most extreme situation of presume driving. According to risk and operational control and operational interest thought, if the vehicle owner do not make management mistake, he has no liability, or else, he should take on supplement liability. Finally, there are also some kinds of other compensatory subjects. The government and commonality group will take on the liability done by their employees. Although we take the vehicle of someone without paying money, it does not mean that we should take on the risk about the traffic accident by ourselves. In spite of take paid or unpaid travel, we should get the compensation for the damage of traffic accident. If we use our own vehicle work for the company, in some cases, the company should take on the liability. The main purpose of the classification of the compensatory subject of the road traffic accident is to help the victim, let he can find the liability subject in the shortest possible time, gaining the compensation in time. The liability subject of the traffic accident can not have luck mentality, we should bear the liability allow the law, so we can see the justice and the honesty of the law. In the handling of the traffic accident, only when we make sure the liability subject of the compensation, and confirm the kind of the compensation liability, every side of the accident can follow the legal proceedings to solve the dispute without unnecessary waste of time and energy, I hope through the research on the subject of liability of compensation for damage in traffic accident on road, this paper can do something for the solve of the traffic accident.