Research On The Identity Of The Subject And Determination Of The Liability Of Traffic Accidents Caused By Stolen Or Robbed And Discarded Or Assembled Motor Vehicles

With the improvement of our living standards, the number of motor vehicles has gradually increased. But on the other hand, the probability of occurrence of traffic accident is also goes up, especially as a result of driving stolen or robbed motor vehicles. Who should be responsible for driving a stolen or robbed motor vehicle and how to punish those ones still remain in question. Judging by those theories both in foreign countries and ours, we still have a long way to go to solve those problems. Therefore, according to the foreign related theories and laws, the author puts forward his own idea, hope to contribute himself to the future judicial practice.The paper can be divided into five parts, the first chapter summarizes the concept and classification of stolen or robbed motor vehicles, from the concept of the broad sense and narrow sense. The second chapter analyzes the current legislation situation of motor vehicles in foreign countries, such as Germany, France, and Japan, to find out what we can learn form them. The third chapter explains domestic related laws and finds theirs deficiency, and then points out what should be improved. The fourth chapter considers the subjects of traffic accidents caused by one driving a stolen or robbed motor vehicle, finds out who should take the liability from the point of the illegal subject (driver) and the illegal object (motor vehicle). The fifth chapter analyzes the liabilities of traffic accident caused by driving a stolen or robbed motor vehicle from the prospect of illegal subject and illegal behavior to make it clear that whom should be responsible. Finally, the author hopes to make a little contribution to Chinese judicial development by this hard work.