On The Determination Of The Subject Of Compensation For Road Traffic Accident

Road traffic accident liability disputes is an important class of case in civil trial practice.In the process of handling this kind of case, often accompanied by high economic compensation to the injured.To determine the subject of liability in road traffic accidents especially the compensation liability subject is of decisive significance for dealing with the case.At present, to confirm the subject of liability for road traffic accident mainly adopts the operation control and operation of interest “operation domination” said definition,but in practice,the subject of many cases operation control and operation interests is phase separation,this paper is in “operation domination” of the traditional analysis,on “operation domination” said corrected,that is, in the main operation control and operation of the interests of the phase separation,confirmation of road traffic accident compensation liability subject should first consider the operation control, and then consider the operation of vested interests,so it can be more reasonable to confirm the subject of liability for road traffic accident.In addition, this paper also will be through the introduction and trial practice of combining theory, clear in the lease, anchored management, simple transfer of possession and unauthorized driving and other situations occur were responsible for that accident and how to analyze the recommendations should be assigned responsibility, in order to guide the judicial practice.