Motor Vehicle Traffic Accident Liability Disputes Case Analysis Report

Our country "tort liability law" for motor vehicle traffic accident responsibility, inChapter sixth of the6articles are specified, but is too general, still need from theory andpractice further refinement. This paper argues that, for the road traffic accidentcompensation disputes should distinguish between main body, adhere to a plurality ofimputation principle, subject of liability and compensation standards identified also must becombined with the actual situation to decide, in adhering to the law in the process, also shouldfully consider the relevant aspects of the actual situation, interest measure, properly to resolvesuch disputes.Based on the vehicle road traffic accident tort liability by three elements, namely theroad traffic accident damage, road traffic accident causation, road traffic accident in thetortfeasor’s fault, but do not include the elements of illegality. Involved in the leasing, hangrely on car caused road traffic accidents, the compensation responsibility main body should bedetermined mainly through the vehicle of "operation control" and "the benefit" two criteria tojudge. The vehicle can actually control the operation of vehicles, from can gain benefit is thatthe main responsibility for key; although not actually control the vehicle, but the vehicleoperating profits, also ought to gain benefits from the corresponding risk burden. The authorthinks, motor vehicle traffic accident liability disputes in the underwriting insurance to paystrong insurance company is based on legal liability for compensation, should not becommercial insurance into the types of cases handled. The driver has no the certificate drivingtraffic accident victims, to enjoy the insurance company in cross-strong insurance claimwithin the scope of rights shall not be subject to personal rights and property rights todistinguish the effects. Did not participate in the motor vehicle traffic accident liabilitycompulsory insurance of motor vehicle owners or managers who, for the determination ofliability can be divided into two steps: firstly, the requirements of their motor vehicle trafficaccident responsibility compulsory insurance liability limits the scope of compensation;insufficient part, in accordance with the "road traffic safety law" of seventy-sixth and "tortliability law" the relevant provisions shall bear the liability for compensation. In addition,road traffic accident harm criminal involved, the injured party in accordance with thecompensation for mental damages to the victim. In practice, processing motor vehicle traffic accident disputes should comply with theprovisions of laws and regulations aspect, cannot violate the law basic value orientation, alsobe fully considered in light of local conditions and local related hierarchy "guidance"processing method. In conclusion, for such cases in the legislative level should be furtherrefined, full, while in the treatment of specific provision, preferably with judicialinterpretation.