Vehicle Accident Damage Compensation Principle And The Main Responsibility

The invention and use of vehicles benefits the humankind greatly, but in the meantime vehicle accidents bring vast damages to person and property of the human society. The main function of the system of civil damages liability is to reduce the accidents and damages caused by them. How well the system functions depends on the perfection of it. Whether the system of our country is perfect or not, especially the identification of the liability subjects and principle for attribution, is theoretically and practically contravercial. This thesis aims at clarifying these disputes.In addition to introduction, the thesis is divided into two parts.Introduction: In it, the author.explains the significance and value of the studies on the principle for attribution and liability subjects, defines the concept and characteristics of vehicle accidents, and then points out the differences from those given by Yelin and Yang Lixing.Part I: The principle for AttributionBased on the analyses of various views on the system of the principles for torts attribution, the author suggests that all of them recognize there are three kinds of attribution , and that the diversity lies in the interconnection of three kinds ,and then defines the implication of no fault liability and fault liability.Based on the comparative studies of the principles for attribution around the world, the author analyzes the reason why fault liability is adopted by common law and Taiwan, that is, the perfect system of social security or the system of liability insurance in Civil Law. The reason does not lies in that a vehicle is not highly dangerous.Many facts illustrate that a vehicle is still very dangerous in the modern society, the status quo of the systems of social security and liability insurance is a decisive reason why our country should adopt no fault liability for vehicle accidents. The author believes that only can this compensate the damages. Fair liability and product liability have no effect on the reasonability of no fault liability applied to vehicle accidents.After clarifying the relation between the principles for attribution inGeneral Principles of the Civil Law and Deposition Methods. The author thinks that there is no conflict between them, but there is minor difference between the reasons for exoneration.After the comparative analysis of the reasons for exoneration in legislations in Germany, Japan and France, the author points out the attitude that our country should adopt on this issue, and then analyze the conflict on the reasons for exoneration between General Principles, Desposition Methods and Pronunciation, finally, the author calls for legislation to solve the issue.Part II: The identification of the liability subjects for vehicle accidents.The complexity of vehicle accidents may lead to more than one damages-producer. Whether damages-produces are the liability subjects shall be examined by fault liability and no feult liability. While the subject of fault liability is determined by the standard "fault", that of no fault liability is decided by the transportation interests.Using the two standards: fault and transportation interests, the author specifically analyze the identification of liability subjects under such circumstance as the drive by a thief or unorthorized person, a lease-holder, a borrower, a purely transferee, or a employee, nominal user, or by a nominal remainder.