Civil Liability Theory Of Motor Vehicle Traffic Accident

The widely use of motor vehicles brings people much convenience, it has played a great role in promoting the development of the socio-economic, but a flood of motor vehicle traffic accidents happen when people enjoy its convenience and efficiency. It causes many casualties and enormous economic losses, even brings a threat to the stability and harmony of the society. Therefore, it is an important problem in tort law. There is a whole chapter about civil liability for motor vehicle traffic accidents in tort law. The tort law inherited the original rules from the Law of the People’s Republic of China on Road Traffic Safety, promoting the process of legislation of Civil liability for motor vehicle traffic accidents. However, controversial issues have not yet been clarificated, which can’t meet the needs for the identification of civil liability and the dealing of the compensations. The dispute about doctrine of liability fixation, the confusion about tortfeasors and the implementation in right of direct claim of victim are futher discussed in this thesis.The first part is the generalization of the civil liability for motor vehicle traffic accidents. Firstly the author analyzes the concepts of motor vehicle traffic accidents and Civil liability for motor vehicle traffic accidents comparatively. Later put forward the lack of objectivity during the legislation about traffic accident in China. The author reviews and comments the process of legislation on civil liability for motor vehicle traffic accidents briefly. The content of the second part is about constituting liability for motor vehicle traffic accidents. Firstly, the theory and dispute about doctrine of liability fixation are discussed. Then the author develops the idea that principle of liability without fault is applied when non-motor vehicle damage caused by motor vehicle. On this basis, constitutive requirements of civil liability for motor vehicle traffic accidents are futher discussed. The third part is about the problem of tortfeasors of motor vehicle traffic accidents, offering the general standard for the definition of tortfeasors and makes a classifying analysis on the basis of the current situation of legislation and judicature. Then the compulsory third party liability insurance on motor vehicle is researched in the forth part. The author clarifies the relationship between the compulsory third party liability insurance and motor vehicle third party liability insurance by analysing their inner meanings. As for the heated debate and evasive attitude about the right of direct claim of victim in our country’s legislation, the author argues that it is rationality and necessity for the legal to confer the right of direct claim of victim.