In the dispute of motor vehicle traffic accident damage compensation, it has always been argued by theory and judicial practice that what responsibilities the affiliated should be for to vehicle’s infringement behavior. Before “The supreme people’s court on the trial road traffic damage compensation judicial interpretation” was issued, the provincial high courts in the form of guidance or symposium summary rule the affiliated shall bear joint liability, supplementary liability, vicarious liability, etc. It caused the judicial disunity, not only conducive to settle dispute, also seriously affected the law’s authority. The paper begins with a case of traffic accident damage compensation that the author once dealt with, emphatically analyses the nature and cause of the affiliated. And through the “binary theory”, namely the operational control and the operational interest theory to explore what responsibilities the affiliated should be for. Finally, put forward my own thinking on how to achieve the equilibrium of the interests of all parties... |