Traffic Accident Damage Compensation Liability Subject Research

In recent years, the rapid rise of the automobile manufacturing industry speeds up the pace of social development. It raises a lot of disputes over traffic accident compensation while changing our live. In addition, the missing and irregularities of legal provisions in regard of the management of motor vehicles makes it difficult for the judicial officers to identify the responsibilities in the damages when they settle the disputes, which directly influences the compensation that the victims may obtain. Taking a close look into the legal field throughout our country, we found that most judges and legal scholars, restricted by thoughts and status, hold quite different opinions on this issue. The dissertation aims to put forward solutions to the identification of the responsibilities in the damage, in the case of special traffic accidents, especially those in which the vehicles are borrowed or rented, or the real owner of the vehicle is not the one whose name is used for the registration in the related department, so as to protect the interests of different parties in traffic accidents, maintain impartiality and justice of the society, improve the efficiency of proceedings, and build a harmonious society.There are five chapters in this dissertation. In chapter1, the author analyzes the current provisions, states the necessity to determine the standard of the responsibilities in the traffic accident, and compares the differences between the responsibilities in the traffic accidents and the responsibilities in the compensation. Chapter Ⅱ mainly discusses the principles in the determination of the liable party of the traffic accident damages, and the concrete manifestation of the principle of liability without fault in Civil Law, Road Traffic Accidents Approach, and the Road Traffic Safety Law. Comparative research method is applied in chapter Ⅲ, which compares the legislations in determining the liable party of the traffic accident damages in Japan, Germany and the United States. The fourth chapter analyzes the theory of dualism by analyzing the infringement based on the behavior or the ownership of the tortfeasor. The last chapter discusses the identification of the responsibilities in traffic accident and the assumption of the responsibilities by analyzing the cases in which the vehicles are borrowed or rented, or the real owner of the vehicle is not the one whose name is used for the registration in the related department.