The Research Of Affiliate Legal Issues

Affiliate is not a strictly law term, but it is closely related with the law. As an economic type in a specific economic period, it has produced existence and development, but with the state economic policy adjustment and the deepening of the market economy reform, it has been cleaned and banned gradually. However, based on historical legacy and social economic life complex diversification, now affiliate still in various forms exist widely in many social fields, and often cause legal disputes. Both sides signed affiliate contract to determine the rights and obligations of the parties. Affiliate people to obtain affiliate units some qualifications and rights by connecting in the name of affiliate units, external activities. The subject is the affiliate relationship between them, how to define the relationship? In affiliate activities produced civil liability in reality by who bear is the problem. More controversy come into being therefore, not only in the economic field study is necessary, discussed in the legal framework is also.This paper attempts to a case of the reality for analysis, leads to the whole affiliate problems, in order to understanding this common affiliate forms of basic's legal nature in our social, especially in a case that embodies the traffic accident liability. Article in addition to preface and ending divided into five parts:the first part for action; The second part is introduced; the case The third part is a generalization of the controversy over; The fourth part is divergence and opinion; The fifth part is study concluded.In the case of chongqing yurong company and Yang is so road transportation accident compensation for personal injury, this case is about as affiliate units to the chongqing yurong company should compensate Yang or not and which responsibility is this case dispute focus. In the first focus there exist obvious differences in opinion, some people think that the affiliate units is not actual infringer, so no liability; Another opinion is that affiliate units and affiliate are interested parties, shall be liable. About the second focus include joint liability,limited joint liability,advances that responsibility,the full responsibility. This paper will be a traffic accident liability under the imputation principle, combining"running interests and operation rule"theory of linked units in the position and affiliated relationship described the responsibility. Consider a third party protection and commercial appearance socialist requirement, advice and make the relevant judicial explanation as soon as possible, confirm linked units of joint liability.