The Affirmation On The Subject Of Liability Of Compensation For Damage In Traffic Accident On Road

Road traffic accidents with people's work study and life are inseparable, in modern society, the handling of road traffic accidents affect thousands of families, caused widespread concern in society as a whole. With China's rapid economic development, car ownership in China has sustained rapid growth, traffic accidents are also showing an increasing trend to study the liability of the main road traffic accidents is of great practical significance. In this paper, basis on the reality of our country, starting from the case leads to the problem, using a comparative study of methods and empirical research, were discussed motor vehicle tort liability on the identification of the main criteria and the specific circumstances of the identification of the main responsibilities Based on this, the paper is divided into three parts.The first part of the selected cases by introducing the main content and essence of the Court's decision, the parties dispute the focus of "whether the defendant should be liable for damages in the accident, and how to share responsibility between the defendants," leads to the following three questions: the first, to determine the main road traffic accident liability standards; second, the main road traffic accident liability in specific circumstances determination.The second part of road traffic accidents around to determine the liability for damages to discuss the main criteria. Run to run control to determine the benefits and the standard "dual said," is the current through that. China's newly enacted "Road Traffic Safety Law" does not provide specific "obligation to compensate people," July 1, 2010 effective as the "Tort Liability Act," Chapter VI "motor vehicle accident liability" Article forty-nine to fifty-three pairs of road traffic accidents the main responsibility for damages to the provisions enumerated type requiring a specific obligation to compensate, but the provision does not include motor vehicle drivers in the emergence of complex situations, the lack of a clear principle to determine the main road traffic accident liability standard. As the complexity of real life, if the machinery in accordance with "binary that" the standard to judge, many cases of liability is difficult to identify the body. The author argues should be "dual says" basis, in exceptional circumstances should also consider whether the actions of others and the occurrence of a causal relationship between the behavior of others, whether this increased risk of motor vehicle instrument risk to the surrounding environment, starting from the fairness and justice, in accordance with the principles of tort law's fair to comprehensive evaluation. The third part of this paper subject of liability for damages analysis with the occurrence of road traffic accidents of the main types. in the specific circumstances Motor vehicle ownership including liability under the special circumstances identification of the main motor vehicles under special circumstances the relations of domination identification of the main liability, employment relations and job behavior of the identification of the main liability, the liability of other cases identification of the main .Conclusion I recommend some of the judicial interpretation of the judiciary should be as soon as possible, clear the main road traffic accident liability for damages that standard, the expansion of responsibilities of the main types of content, a unified measure of justice to protect the fairness and justice.