Vehicle Accident Damage To A Number Of Issues Of Liability,

Along with large scale popularization of motor vehicles, mankind has entered the motor vehicles society. The traffic system has undergone a qualitative change, but at the same time it derived a large number of traffic accidents, and thus it leads to compensation for damage. The compensation liability for damage of motor vehicle traffic accidents refers to while motor vehicle traffic accidents cause damage to person or property, the drivers should bear civil liability. In the field of the compensation for damage of motor vehicle traffic accidents, many problems will need to be studied. Combining the situations that judicial practice often meets, this paper preliminary explore the principle of duty vested, principal part of compensation liability, attention duty of motor vehicle drivers and application of fault offset among the compensation for damage of motor vehicle traffic accidents.In the way of the principle of duty vested on motor vehicle traffic accidents, the countries of the continent law system mostly adjust legal relationship of motor vehicle traffic accidents by constituting special laws of motor vehicles' compensation for damage. They adopt the principle of suppositious mistake duty or more strict principle of unmistake duty. The countries of the British and American law system adopt the principle of mistake duty, but they have strong social security system to act as the applied protection. The General Principles of the Civil Law of the People's Republic of China adopts the principle of unmistake duty in allusion to the damage to persons of the high dangerous operation. But from 1992, The Way to Deal With Road Traffic Accident has been actualized, it adopts the principle of mistake duty to the compensation for damage of motor vehicle traffic accidents. Therefor even it has been appeared that foot passengers bear the whole liability, however motor vehicle drivers bear no liability. It provoked strong reactions of the society. Until The Law of Road Traffic Safety has been adopted, it corrected former improper ways. For sure motor vehicles have a certain danger, but it doesn't reach the level of high dangerous. So it should be adopted the principle of suppositious mistake duty of the compensation for damage of motor vehicle traffic accidents. It conforms to the civil law's philosophy of protecting the weak, protecting human rights and justice, and it conforms to the conditions of our country at present.We must distinguish the difference between the principal part of accident liability and compensation liability while dealing with the dispute of compensation for damage of motor vehicle traffic accidents. The concept is different of the two. The former concept is about administrative law, the latter concept is about civil law. Our country has no special law to define the concept about the principal part of compensation liability of motor vehicle traffic accidents. I think we should regard Japans duality theory namely operation domination and operation benefits as the standard to judge the principal part of compensation liability. That is to say we should make clear that if a person can dominate and control motor vehicles operation or if he can gain the benefits from motor vehicles operation. Combining the judgement standard of duality theory, I analyze the principal part of compensation liability under some situations in this paper, for example, making bold to drive, affiliated driving, lending, stealing, payment by installment, business by not transfer, etc.Happening of traffic accidents has to do with the situation directly that motor vehicle drivers perform attention duty. On the basis of a certain danger of motor vehicles, drivers should perform more attention duty than foot passengers and non-motor vehicles clearly. If a person wants to drive, he should accept especially training, pass the test and obtain driver's license. So the motor vehicle driver as a professional, he should perform operation of high attention duty of safety, it is his legal operation. The attention duty of motor vehicle drivers includes conforming to the traffic laws, rules and regulation, trade criterion of driving, and so on. This content embodies various situations of attention duty to foot passengers, different concourse, driver self, etc.The compensation liability for damage of motor vehicles applies system of fault offset. That is to say it should be mitigated motor vehicles' compensation quantum while foot passengers and non-motor vehicles have faults. Implementing fault offset conforms to the principle of justice and honesty of civil law. While applying fault offset, the victims' damage is only limited to the negative damages and spiritual damages, and we should rule out a special groups, for example, elders, children and disabled persons. Aiming at the regulation in article 76, paragraph 1, items 2 of The Law of Road Traffic Safety, I make a concrete analysis of that how to apply fault offset under various situations. About the concrete rate of fault offset, we should constitute the rate of fault offset by combining practice, and the rate should be renovated continuously, in order to providing reference value of relatively scientific to resolve the dispute of compensation for damage of motor vehicle traffic accidents.