On The Determination Of Subject Of Liabilities For Compensation Of Motor Vehicles Traffic Accidents

Invention and wide use of the car brings not only the convenience to people, but also the scourge. Especially in recent years, with the rapid economic development, car gradually becomes the main people's transportation, which caused the traffic accident frequently. The legislation of Motor Vehicle Road Traffic Accident Compensation grow out of nothing to comparatively prefect. Especially the amendment on "Road Traffic Safety Law" in 2008, makes the identification and division of Damage Compensation Liability more detailed and more maneuverable. However, on the condition that vehicle ownership and use rights are separated, the law does not clarify the specific point of Party of Motor Vehicle. Naturally its connotation and denotation is hard to determine! Especially in the real life, the complex siutation appears, such as car rental, car lending and car subordination, which makes it harder to determine the subject of liabilities. At the same time, the defects about the specific determination of the principle of liability exist in the legislation and practice!"Tort Law''promulgated in July 1, 2010 specifically make regulations on the road traffic damage compensation issues in the Special Tort section. "Tort law " and "Road Traffic Safety Law" is the relationship of General Law and Special Law. Although Tort Law makes the improved and supplementary provisions towards the special circumstances on the base of "Road Traffic Safety Law", unfortunately, "Tort Law" still does not solve the existing problem of road traffic accidents.From the perspective of comparative law, based on the special analysis of the domestic traffic accidents, especially from the prespective of comparative law, this papaer analyzes and discusses the concept expression about subject of liabilities for compensation of Motor Vehicle Road Traffic accident the in other countries and regions. It proposes the principle that Road Traffic Accident should adopt, and further analyses the judgement standards of specific Compensation Liability. At last, from the Imputation principle and the specific judgement standard, it analyzes the determination of compensation liability under special circumstances.