On Several Issues Of Motor Vehicle Road Accident Responsibility

Motor vehicle road accident responsibility is a concept in tort law refers totraffic after the accident, compensation obligations to rights-holders should bear civilliability. This article elaborate on motor vehicle road accident responsibilityimputation principle, elements, subject, subjects, relief rules and rights to sharesystem. Motor vehicle road accident responsibility can have a correct understanding.This article is divided into a total of four titles:A principle, motor vehicle road accident responsibility. Motor vehicle roadaccident responsibility imputation principle issues, views of the academics andcommunity of practice was not uniform, even there is a big controversy. Under theGeneral principles of civil law, the treatment of road traffic accidents and the law onroad traffic safety regulations. But their motor vehicle road accident responsibilityimputation principle of damages provision varies, motor vehicle road accidentresponsibility imputation principle in China has gone from liability without fault tofault and fault and no-fault liability-State development process. Within the scope ofthe limitation of liability of insurance companies, is a no-fault liability towards thevictim. This means without fault, not only refers to the non-fault liability insurancecompany, but also motor vehicles insured by the insurance company when not at faultin the accident, insurance companies should also be liable. Motor vehicle accidentsbetween is imposed by the principle of fault liability principle. Between motor andnon-motor vehicle driver, pedestrian accident occurred is the imputation principle ofliability without fault. Parts from the motor vehicle road accident responsibilityimputation principle of the argument principle of liability, insurance companies,motor vehicle traffic accidents between the imputation of liability between motor andnon-motor vehicles, pedestrians, traffic accident liability principle of four areas forresearch..Second, the constituent elements of motor vehicle road accident responsibility.Tort liability principles and elements are closely linked. Imputation principle fallswithin the scope of more basic, it addresses a perpetrator or other obligation to compensate people based on questions of responsibility, only equipped to assumeresponsibility after the basis, on the question of whether a person is liable for specificconsiderations, rule of thumb is constitutive. So you can say, different imputationprinciple directly determine the constitutive elements of a different, differentimputation principle should have different elements. Motor vehicle road accidentresponsibility application of duality principle of decisions require different elements.This section mainly from five aspects, that the accident was caused by the motorvehicle, accident was occurred in the operation of motor vehicles in use or, causingsome damage, a causal relationship between damage and motor vehicle accident,motor vehicle traffic accidents occurred between constituent elements of liability forfault analysis of motor vehicle traffic accidents.Third, motor vehicle road accident responsibility subject and the right subject.Motor vehicle road accident responsibility liability and responsibility often is not,thus causing judicial confusion in practice. Therefore, it is necessary to establishstandard motor vehicle road accident responsibility subjects. Prior to thepromulgation of the law on tort liability, provisions relating to motor vehicle roadaccident responsibility subjects are quite vague and scattered.76th respectively of theroad traffic safety law of used motor vehicles, non-motorized vehicle drivers andpedestrians of the fuzzy concept, there is no vehicle to retain people’s concept, but infact has already adopted the civil law countries the prevalence of keeping peoplejudging criteria. At present, in both the theoretical and the judicial community ofpractice to accept the run and run the combined interests of domination of the secondsaid. Accidents other than pedestrians, not a driver of a motor vehicle as a motorvehicle and the right to reparation, without controversy, but motor vehicle roadaccident responsibility people have expanded the rights of compensation trends. Thissection focuses on motor vehicle traffic accident and motor vehicle road accidentresponsibility subject to explore subjects of rights.Four, motor vehicle road accident responsibility waiver rules and sharing system.Motor vehicle road accident responsibility waiver rules, refers to the reduction orexemption from civil liability rules for motor vehicle traffic accident. Based onprinciple of liability without fault motor vehicle road accident responsibility and filled their damage capabilities, States ’ motor vehicle road accident responsibilitywaiver rules impose strict control. Today’s society is a highly developed industrialsocieties, is a hidden danger is difficult to estimate the risk society. With the increasein the number of motor vehicles, motor vehicles every year cause tens of thousands ofcasualties and huge property losses. Huge damage alone tort liability system isdifficult to bear, must transfer, decentralized system with other damage to a higherdegree of complete filling of damages. Modern States and among tort liability system,and establish a system of compulsory motor vehicle liability insurance, industrialinjury insurance system in order to achieve the filling of damage caused by motorvehicle traffic accident. This section focused on the motor vehicle road accidentresponsibility both relief rule and system of allocation issues.