Research On The Legal Problems Related To Vehicle Security Mutual Aid Agreement

With the further development of market economy, the inherent way of commodity circulation and the way of People’s Daily communication has taken place great changes, China’s highway construction and motor vehicle also is able to rapid development, the incidence of road traffic accidents every year to keep a certain degree of growth.The serious harm to people’s lives and health and property safety, because the road traffic accident damage compensation disputes is growing.To the victim’s loss in insurance company is not enough to compensate or traffic accident liability to pay compensation under the condition of the subject is unable to compensate the losses of the victim, vehicle safety and mutual assistance to plan as a whole to become the beneficial supplement of liability insurance.But in practice, due to the lack of transport vehicle safety and mutual assistance to plan as a whole form the department in charge of supervision and restriction, in the implementation of operations tend to produce all kinds of disputes, and even make the establishment of vehicle safety and mutual assistance to plan as a whole become a mere formality, can’t attain the goal of helping each other to set up.Therefore strengthen the regulatory departments, formulate relevant laws or administrative rules, has become necessary.This article, from the three cases, through to question, analyze and solve problems, and on how to improve vehicle safety and regulation and mutual assistance to plan as a whole were discussed.In this paper, besides introduction and conclusion, is divided into three parts.The first part of this paper selected three vehicle safety cases of mutual respect, through the case are introduced and reviewed in this paper, it is concluded that the legitimacy of the vehicle safety and mutual assistance agreement and decided that the victim loss compensation liability subject two controversial issues. The second part analyses legal problems involved in the case, this part is the research emphasis of this paper, in view of the mutual nature of contract and the legal issues in the case analysis, and after the accident should mutual organizers as the main body of liability to pay compensation to compensate the victim’s loss directly for further analysis.The third part of the vehicle safety and mutual assistance in the transportation industry as a whole supervision put forward some superficial Suggestions, hope to regulating the market behavior of civil subject and the regulation of the government departments can have a little help.