Research On Motor Vehicle Traffic Accident Liability Subject

In the traffic accident compensation liability，determine the main responsibilityis a very important link， but also a complicated process. In motor vehicle trafficaccident to determine responsibility main body is a very important link， also is anextremely complex process. How to determine the motor vehicle traffic accidentdamage compensation liability subject has become a hot and difficult problem in thejudicial practice. Western theory of it was introduced into our country in practicebecause it judgment standards of fuzziness， and China’s legislation on motor vehicletraffic accident damage compensation subject title each are not identical， meaning isnot clear， specific point is not clear， failed to be considered in according to thecognizance of the main body in motor vehicle traffic accident liability for damages.Japanese use the “operational control” and “operation interests” combination as thestandard of motor vehicle traffic accident damage compensation liability subject. Italso used in our country judicial. But they are relatively abstract concept， the lawdoes not clearly define its meaning.The specific understanding of the two standardthere is general and narrow sense two different views.“operational control” of thegeneralized realistically include not only their control of the motor vehicle，including through others to indirect， potential at the mercy of the motor vehicle.Generalized “operational interests” in addition to from the operation of motorvehicles to get direct economic benefit， also including based on interpersonalemotional involvement， such as indirect interests， such as their spiritualsatisfaction， interpersonal harmony， etc.The act of tort liability in our country is only special circumstances to makespecific provision， does not explain how to apply these two concepts， in judicialpractice， apply to the court over that do not have a unified standard. The authorthinks that， the traffic accident has occurred is the key to control over motor vehiclerunning and therefore should be “operational control” as the standard of motor vehicle traffic accident damage compensation liability subject， and the “operationalcontrol” interpreted narrowly is more reasonable.Chapter1first Analysis of the concept car accident injury liability subject andthe two concepts in the field of tort liability accidents confusing that the mainresponsibility for motor vehicle accidents and liability for the main body of these twoimportant legal distinction；Secondly， introduces the type of motor vehicle accidentinjury liability subject， including motor vehicle halter， the driver and othersubjects.Finally， introduced the main countries for traffic accident damagecompensation liability subject mode of legislation， including Germany and Japanesehalter or the run of users bear responsibility mode and our current legislation thehalter bear responsibility mode.Chapter2First First introduces Germany and Japan for motor vehicle trafficaccident damage compensation liability subject standards.Secondly from mycountry’s legislation and judicial practice analysis our country standard. Finally theauthor puts forward his own viewpoint， we should take the narrow “operationalcontrol” as the subject of a motor vehicle traffic accident damage compensationstandardsChapter3In special circumstances discussed the cognizance of motor vehicletraffic accident damage compensation liability subject， including the cognizance oflease or loan case responsibility main body， motor vehicles are stolen， robbed，plundered the cognizance of case responsibility main body， the cognizance of themain responsibility and kindness in the case...