Subject Of The Damage Liability For Automotive Traffic Accident

Since twenty century, from the angle of development history of legislation,damage compensation for automotive vehicle throughout the world has been a veryimportant problem, meanwhile a troubling lawmaker. Since reform and opening up,with the development of socialist market economy of our country, the ability ofpurchasing automotive vehicles of consumers grew with each passing day, meanwhile,automotive vehicle accidents caused serious personal injury and property loss, whichhave become serious social problems in terms of dispute of compensation fordamages. In traffic accident compensation for damages, the identification ofresponsibility of subject presents variety and complexity. In practice, the scope ofpeople who have rights of use, control and earnings is very wide, and the subjects ofliability for damage can be either the owners of the vehicle or actual managers, aswell as pawnees, tenantries, borrowers and persons subordinated to, sometimesrobbers, thieves and so on. Meanwhile the victims in the traffic accidents are alwaysnatural persons belonging to relatively vulnerable groups, and therefore, to guaranteebetter and quicker compensation for victims, we are supposed to make clear thesubject of liability for damage in different legal relation. Currently in China, ondamage compensation liabilities in automotive vehicle traffic accident the legislationis in a mess, with disunity in local judicial practice, which brought great difficulty forjudicial practice. The thesis is to discuss some theoretical issues of damagecompensation liabilities in automotive vehicle traffic accident, emphasizing on RunControl and Operation Receipts theories which has a leading position in the worldcurrently, and analyze the identification of subject practical special liability fordamage in typification way. The thesis is divided into four chapters except forintroduction.Introduction: It mainly illustrates the legal sense of identification of subject indamage compensation liabilities in automotive vehicle traffic accident.First chapter: Outline of damage compensation liabilities in automotive vehicletraffic accident.This chapter mainly discusses the concept of subject of damage compensation liabilities in automotive vehicle traffic accident. Meanwhile it distinguishes thesubject of damage compensation liabilities in automotive vehicle traffic accident andthe subject of responsibility in road transport on concept.Second chapter: Identification of subject and criterion of liability in damagecompensation liabilities in automotive vehicle traffic accident.On identification criterion of subject of responsibility in relative traffic accidents,there are three reasons theoretically: Dangerous share theory, reward responsibilitytheory and dangerous responsibility theory. The thesis not only introduces thehistorical transformation of criterion of liability but also illustrates different opinionsin terms of this problem, mainly with no-fault liability, liability for wrongs and mixedimputation.Third chapter: Current legislation of subject of damage compensation liabilitiesin automotive vehicle traffic accident in our country.It introduces the relative rules of subject in damage compensation liabilities inautomotive vehicle traffic accident in General Rule of the Civil Law, Road TrafficAccident Treatment Measures, Road and Transport Safety Laws, Tort Liability Lawand Contract Law.Fourth chapter: Typification study of subject in damage compensation liabilitiesin automotive vehicle traffic accident.Current gradual complicated social relationship lead to characteristics ofcomplexity and universality of subject problems in cases of damage compensation forautomotive vehicle. With limited length of the thesis, in the fourth part, eight specialtypes of damage compensation liabilities in automotive vehicle traffic accident areintroduced, mainly including:1. Situation of registration of ownership of not transfervehicle;2. Business situation of installment plan;3. Situation of being subordinatedor contractorship;4. Situation of renting out, lending and finance lease;5. Situationof mortgage and safekeeping;6. Situation of causing traffic accidents by stolenvehicles;7. Situation of sharing together;8. Situation of employer-employeerelationship. The eight situations often appear in nowadays society.