Compensation Case Study Identified The Main Responsibility For The Damage Of Road Traffic Accidents

All along,a special type of motor vehicle accidents to determine liability for damagesis the main judicial practice difficult problems.Causes of this phenomenon aremany:First,the new motor vehicle accident case itself is more complicate,complexrelationship which is difficult to distinguish itself and judgment.Coupled with ourprior accident liability legislation on the subject finds are too broad macroeconomicand Judge allows new cases in the face of impossible to start,culminating in a greatvariety of judgment.What is more, such as "road safety approach", and yet confused"accident liability subject" and "accident liability subject" of these two importantconcepts, so that when judges decide cases even more confused.Throughout thelegislative aspects of traffic accidents, in fact, is the one from the broad experience tothe meticulous process is a process to deal with life changes.Second, China’slegislative solution in the case of new motor vehicle accidents, often focused onensuring compensation for rights holders to receive full and timely compensation,such an approach ignores the obligation to compensate the legitimate rights andinterests, they also can not afford to make the results of theoretical scrutiny.Currentlythe world, is used to determine the vehicle body damages include compensationrecognized standard theory, control theory, and dangerous,"said duality" theory,applies different standards in different available as conclusions.Tong said that basedon our current "dual says" basis, the so-called "dual" refers to the "Run domination"and "Run interests" combination to be judged.On this basis, the "Run domination" and"Run interests" is divided into broad and narrow sense to say that the two differenttheories, their differences lies in the indirect, whether abstract or benefits should beconsidered disposable running dominate and run part of the interest.After the analysisof the basic theory, combined with the Supreme Court issued "on the trial of the caseof road traffic accident damages applicable to a number of issues of interpretation",you will find the judicial interpretation of the existence of impropriety.Third, Fifth,Article VIII of the interpretation of the provisions under the respective vehicleaccident liability case affiliated body decks vehicle traffic accident liability and testdrive the main course of the main traffic accident liability identification of ways, butthere is the "dual saying" contrary to the theory, the lack of constituent elements oftort liability and contrary to legislative trends and issues,It does not distinguishbetween the situation of "one size fits all" type of obligor provisions aggravated damages liability under certain circumstances. In this article, I will address theseissues to be addressed one by one.