The Issue Of Qualification For The Party In Traffic Accident Case

Choose the case about damage compensation in traffic accident to discuss the issue of qualification for the proper party. The first reason is for rewarding to the new promulgated law of tort liability and the revision of insurance law, so the emphasized problem is about the people who have the right or obligation for compensation. The next stage is to analysis the main problem from the aspect of procedure law. In the case for traffic accident damages, the possible established trial object may be diversity, and for different trial object, in some time, it may influence the results of the case, but in more case it is mainly affecting the party who is qualification. In such a problem, what usually happened is that the persons outside the case undertake the responsibility of the party; inherit the responsibility of the party; the person who doesn't have independent claims involves into the running case, there still have issues about the qualified party in cases about joint and several obligations. It is so important to discuss these problems in such complex situations; the cases for damage compensation in traffic accident provide this probability. The last question we should not forget whenever we discuss the issue of qualification for the proper party is the importanc of theory in civil procedure, telling the judge when should he need to cansider the the element of qualification for the proper party.The first part of this essay is to reference to the necessary to disscuss the qualificationary problem. Complex of right and obligation to compensation under the substantive law, object-trial diversity, coupled with the reality of accidents involving damage to the specific circumstances, making there are many issues in case of traffic accidents about eligible parties worthy of attention and discussion. For example, most concerned about the status of insurance companies in litigation, less attentioned problem that whether medical institutions and social assistance sector can be the proper party after they disbursements the expenses for the hurt person; proper party issues in case of joint and several liability. All these problems orgined from the diverse rules in substantive law and procedures law is the focus of this study.The second part focuses on the development of the theory of proper party and its own significance in the proceedings, in the same time provids the standards of thinking about how to determine the proper party from the type of principles, which give the basis for subsequent analysis. Proper party issue, in the increasingly complex and diverse modern cases, is of great significance in chooseing the correct party, excluding the inappropriate people and saveing judicial resources. What's more,while proper party as one of the main elements of action, as the element for the right of judicial protection, it highlights the stage of proceedings, that is divided the proceedings into pre-trial preparation and formal trial procedures. In judicial review, it should first review whether the elements of the acitons were satisfied. In certain circumstances, the parties eligibleed is expanded (such as inheritance proceedings, or subrogation action), then res judicata also requires a certain of expansion, "if only the proper parties to do a moderate expansion, without the subjective scope of adjudged force to do a certain degree of expansion, then the expanding of party will become meaningless.The third part is to discuss the main issue about proper party issues in traffic accident case. Proper party discussions have the crux premise that the discussions should lies in different objects of action. Because the problem has always been judged according to subject matter of litigation (that is objects of action), to different types of action, the eligibility one will be diferent. After we confirm the two kinds of object of actions, we begin to discuss the basic qualified party of problem. We divide the situation into two conditions, the special conditions contain many questions about qualified party because these involves with many related legal relationships, who is the proper party need to be reconsidered.This article is on the basis of judicial practice, summarize the possible disputes in traffic accident cases, so we choose many cases in judicial practice for corroborative evidence; depurate many problem which are emphasized by the judicial practice, such as the litigation status of the insurance company; who is the proper party when the injured is died in the running procedure; whether the injured can suit the insurance company and so on, we unify all these problems in the basis of the issue of qualified party.