Wang

Developing process of legal system is the legal relationship between the continuous refinement, with the rapid development of social economy, the social main body for various exchanges between production and living, such as commerce and trade occurs more and more frequent, the legal relationship arising therefrom are more diversified and complicated, the same legal fact may involve two or more legal relationship phenomenon gradually increased, the so-called "law concurrence". Different legal relations in the applicable imputation principle, main body, between the parties to determine the burden of proof on the way are different, especially in the area of tort law, such as traffic accidents and other tort concurrent, suitable what kind of legal relationship between the parties to any allocation have a significant impact on the final damage liability therefore, legal concurrence, suitable what kind of legal relationship of the parties of great significance. This paper take the real case in practice as a blueprint, and specific analysis of the same legal fact whether constitutes the infringement liability concurrence, and by traffic accident responsibility of a legal fact is in line with the general tort and meet the liability caused by public road objects in special tort, for plaintiffs, will cause the concurrence right of claim, this time the plaintiff shall select one of claims, the court should according to plaintiffs claim to determine the specific cause of action for the case. At the same time, because of the influence of different legal relationship of the parties and the application procedure of huge, is the main factor to decide how to choose, the plaintiff in the concurrence of rights of claim and therefore, these effects are mainly embodied in what areas of litigation, in terms of specific significance in where, the parties concerned how to bear the liability for damage is another important content of this paper tries to expound the. Combined with the specific case in this paper, separately from the traffic accident liability and property damage liability perspective, discusses the differences between the two persons in the subject of liability principles, rules and exemptions and so on existence and influence on the specific procedure, so as to further clarify the liability concurrence, judge the idea of lawsuit.