Ways Of Bearing Liability For The Transportation Company In The Compensation Of Traffic Accident

Vehicles affiliated to operate as a business model in the transport industry is widespread in China. However, since China’s relevant laws such as the Road Traffic Safety Law,"Tort Liability Act is still not clearly defined the legal status of vehicle affiliated business, the obligations of affiliated units and the obligations of linked units in the affiliated vehicle accident damages and commitment to the ways. The local takes different liability principle to the around the responsibility for affiliated operation. The court judgment, lack of a unified basis for the problems in practice, resulting in around the judgment are not the same. Starting from the actual case in real life, the article discussed the characteristics of vehicle affiliated business, the legal relationships involved in the vehicle affiliated operation, the main responsibility when involved in a traffic accident and the liability principle. Finally, the responsibility types of be linked with should be identified as "limited responsibility supplementary compensation ", in order to have implications for addressing the responsibility of the affiliated units of practice.This article is divided into the following sections:Chapter1departure from a traffic accident, the paper proposed the controversy focus of cases, and leads to the main content which is involving vehicles affiliated accident damages, whether the affiliated party should bear the responsibility and the responsibility of way.Chapter2describes the meaning and characteristics of vehicle affiliated, analysis of the affiliated person is linked with the actual owner of the vehicle and the affiliated units just is the name of owner. Both the rights and obligations between the actual owner and the name of owner agreed by the vehicle linked agreement. It is contractual relationship between affiliated and affiliated units. It does not exist the relationship of wage labor between affiliated units and the person who employed by affiliated.Chapter3through analyzing the effectiveness of license leasing contract,the actor consider that the contract is effectively as long as it is accord with the regulation of Contract Law, there is no legislation to forbidden this practice.Chapter4analysis of the current legislation on the responsibility of the relevant provisions and "the run to take control and run interest theory", identified the affiliated units should be the traffic accident liability main. Chapter5analyzes several doctrines about responsibility of linked units after accidents of affiliated vehicle traffic, including joint and several liability, limited joint and several liability, advance responsibilities and additional responsibility.The article supports the view that affiliated units should bear the limited additional responsibilities.