The Study Of Liable Party In Motor Vehicle Road Traffic Accident Damages

With the number of vehicles increasing quickly，we are enjoying theconvenience of motor vehicles, however,at the same time, we are facingthe tremendous personal and property damage caused by motor vehicle roadtraffic accident. That who is the main body of the liability for thedamages and who should pay for the victim, it often becomes the focus ofthe dispute of both sides. Researching of the liable party in motor vehicleroad traffic accident damages has important realistic meaning. Doctrineof liability fixation is the core of civil liability standard of motorvehicle road traffic accident damages; the determining of road trafficaccident liability is the core of road traffic accident damagecompensation. On the personal injury in road traffic accident betweenthe motor vehicle and non-motor vehicle drivers and pedestrians, basedon the reality of our country, the paper taking the comparative method,determines the doctrine of liability fixation and liable party in tortliability of motor vehicle suitable for China’s actual. In addition tothe paper introduction, the paper is divided into four chapters.The first chapter is about legislation and judicial review on liableparty in motor vehicle road traffic accident damages. It introduces thelegislation and judicial evolution of doctrine of liability fixation,legislation judicial status of main responsibility standards of in motorvehicle road traffic accident damages, and the problems of them. The paperbelieves that the reasons of optional expansion and limit shrink are thatdoctrine of liability fixation of motor vehicle road traffic accidentdamages is wandering in the of no fault liability and responsibility, notdistinguishing between property damage and personal damage, notconsidering the victim’s responsibility ability, and main responsibilityis not clear caused by artificial legislation blank in main responsibilitystandards of in motor vehicle road traffic accident damages.The second chapter is about doctrine of liability fixation of motorvehicle road traffic accident damages. Based on the expounding on thebasic theory tort law and introducing the countries and regions motorvehicle infringement rule principles, the paper discusses the reasons ofstrict liability application to motor vehicle road traffic accidents, thereasons of distinguishing between property damage and personal damage,the reasons of considering the victim’s responsibility ability. The paper believes that the doctrine of liability fixation of motor vehicle roadtraffic accident damages should be used to the strict liability,distinguishing property damage and personal damage, considering thevictim’s liability ability.The third chapter is about that the specific method of determinationof the liable party in motor vehicle road traffic accident damages.Firstly, it introduces the type and legislative model of the liable partyin motor vehicle road traffic accident damages in the countries andregions, and believes that we should abandon the fuzzy concept of ‘thesubject of motor vehicles’, we should establish for motor vehicle roadtraffic accident damages compensation responsibility of the custodiansof vehicles. Then, it discusses the ‘Dualism’ in Japanese to clarifythe internal standard of custodians of vehicles. It believes that aftersetting the abstract standard in the liable party in motor vehicle roadtraffic accident damages, we should meet the emerging new situation ofthe special circumstances by the rich judicial precedents and practice.The fourth chapter is about the specific judgment on custodians ofvehicles of the special circumstances. It discusses that when the motorvehicle was leasing, borrow, theft, robbery, robbery, affiliated, and inthe justifiable defence and emergency situation, how to judge liabilitysubject of motor vehicle tort.