Research On The Assumption Of Motor Vehicle Traffic Accident Liability

As a big country in recent years, Chinese family car ownership is increasing，while atthe same time, the number of traffic accidents and personnel casualty in China always ranksfirst in the world comfortably. The assumption of motor vehicle traffic accident was the keyof the treatment of motor vehicle traffic accident dispute. In this paper, the introductionbegan with introducing development of motor vehicle traffic accident liability legislation inChina. Briefly, this paper introduced that, when the motor vehicle owner and user were separated, howto determine who was the responsibility subject and how to share the responsibility. Also at the sametime the paper discussed the responsibility sharing between the infringer and the patentee treatment onrelevant theory and comparison method. So these two themes were determined to be the research objectsof this article. This paper was divided into three chapters:The first chapter, this section was divided into four parts to clear four concepts. Firstof all, the paper expounded the concept of all motor vehicles, the one who enjoy theownership of motor vehicle. Secondly, the motor vehicle driver was firstly a concept in fact,the person who drives the motor vehicle when an accident happened. Thirdly, a motor vehiclekeeper should have a combination of “interest” and “operation control”. Finally, the frameof motor vehicle traffic accident should not be limited to the scope of accidents caused bymotor vehicles, but also caused by non-motor vehicles.The second chapter, this section was divided into five parts to introduce five kinds of situation，through case analysis, theory and comparative law point of view of evaluation, todiscuss the situation that when the infringer doesn’t accord with the motor vehicles,howdid they share the responsibility. The author thinks that, under the lease and borrowsituation, the motor vehicle infringer due to have a combination of "interest" and "run", andby the infringer should bear the liability without fault. When the motor vehicle be stolen,the motor vehicle all deal with fault liability accident. In business situation，from the tortliability law article50,51，to discuss the issues of motor vehicle traffic accident liability.When the affiliated vehicles accident happens，affiliated and the subordinate bear unlimitedjoint and several liability. Employers to deal with the employee’s motor vehicle bearno-fault liability tort. When employees have a fault or gross negligence, the employers andemployees bear jointly and severally liable.The third chapter, this section was divided into three parts to discuss the problem onassumption of motor vehicle Traffic accident liability between the infringer and thepatentee. First of all, the paper introduced the relationship between liability and imputationprinciple, and by introducing the comparison method on the motor vehicle traffic accidentimputation principle, to discuss the principle of imputation that, between motor vehiclesapplying the principle of no-fault liability imputation principle and between motor vehiclesand non-motor vehicles applying the principle of no-fault liability imputation principle.Finally, by comparing liability share proportion in the judicial practice analysis unified theresponsibility proportions between the motor vehicles, the same between motor vehiclesand non-motor vehicles.Finally, the article conclusion part of reviewing reviewed and summarized.