An Analysis Of Responsibility Affirmation In Traffic Accident

Nowadays, the cases of compensation for damage of traffic accidents have become one of the mainly type of civil cases in the basic people's courts. In judical practice, tortfeasors could be properly and effectively affirmed in traffic accidents has important significance both theoretically and practically to deal with this sort of cases. Due to the responsibility affirmation in traffic accident has involved in dilemmas in judical practice so that Tort Law of the People's Republic of China proposes much more specific rules and provisions to handle these issues and creates practical significance in the process of trial practice issues. However, although Tort Law of the People's Republic of China has offset some shortages of Law of Civil Procedure and The traffic Safety Law of PRC to some extent, it still leaves much to be improved on the basis of the limitation of law and the rich diversity of life. This paper includes four dimensions:introduction, the background of the case, case central point and different opinions, and a conclusion.ⅠA introduction of the practical significance of responsibility affirmation in traffic accident.ⅡDescribing the background of a traffic accident, which including affirmation of the case, prosecutor's allegation and respondent's allegation, as well the juridical result of the court.ⅢFocusing on the summary and conclusion of case central point from the court and the disagreement between both parties.ⅣThe fourth dimension is the core of the paper and consists of six parts.a. The identification of civil legal relationship between the silver car and Zhang Hua's lorry:It is affirmed that the case belongs to the number of people without meaning contact for infringement through the analysis and comparison of contributory infringement, joint dangerous behavior and the number of people without meaning contact for infringement.b. The identification of the tortfeasor when the employer involves in the traffic accident in the process of employment. It is affirmed that Li Fei(employer) should take all of responsibilities of the case rather than Zhang Hua(employee) through analyzing the employer's responsibilities on the basis of Tort Law of the People's Republic of China and Compensation for Personal Injury explanation.c. The identification of the tortfeasor when the join-operated vehicle involves in the traffic accident:Owing to there s a great debate about the responsibility affirmation of the join-operated vehicle in traffic accident in the theory and practice, and there is no clear and specific rules and provisions in Tort Law of the People's Republic of China, so that the paper affirms that the organization hung rely on by the join-operated lorry shall bear joint liabilities from the perspectives of quality and purpose.d. The identification of the proceeding position of the insurance company in the case concerning personal damage compensation with traffic accidents. It is certified that the insurance company can be regarded as the respondent based on the motor vehicle traffic accident responsibility compulsory insurance instead of business insurance through analyzing relevant law rules.e. Taking immediate measures to offer help to victims after the hit-and-run driver escape. It is necessary to consummate social assistance funds for road traffic accident function and motion pattern and other live insurance systems for lack of safeguarding the right of victims.f. Taking the above factors into consideration, a possible judgment would be provided by the paper.