The Study On Subject Of The Damage Liability In Traffic Accident

Since the reform and opening-up policy, China’s economy develops rapidly，theability of buying constantly improve，motor vehicles have continued to increase,becoming the main means of transport，a lot of people’s work and life has been closelylinked with it. But，road transport infrastructure is not perfect，traffic management isnot scientific，pedestrian traffic safety awareness and compliance as a concept is notenough，motor vehicle traffic accident rises ceaselessly, brings serious harm topeople’s life and property safety. Traffic accident vehicle, not only causes the victimcasualties，also often bring huge property damage and mental trauma to victims andtheir families. Deal with motor vehicle traffic accident, not only to protect the rightsof the parties，but also take into account the harmony and stability of development oftransportation and social. While the damage compensation responsibility main body,is the premise and basis of motor vehicle traffic accident treatment.This article is divided into four parts. The first part is overview of the motorvehicle traffic accident subject of liability for damage compensation, analyzecomposition factors of liability for compensation, and differentiating and analyzingthe two easily confused concepts of“subject of responsibility” and “subject ofresponsibility for compensation”，and begin from the legislative history in China tointroduce the status quo of legislation and judicial practice related to the subject ofliability for damage in traffic accidents and the existing problems in China. The second part is the comparative study, because developed countries enter thevehicle age earlier than China for about half a century, so learning Japan, Germany,the United States and other countries’ subject of liability for damages regimereferential significance, based on this, introduce and analyze the relevant nationallegislation mode.The third part through the introduction and evaluation of the development ofliability principle which defines the subject of responsibility, and introduce the basictheories of the compensation liability for damage in traffic accident, based on thegeneral standard to propose the subject of liability for damage in traffic accident, toestablish identified and principled framework of “motor vehicle side”.The fourth part is research of the “motor vehicle side” when the motor vehicledrivers, owners, managers, etc. are not the same person, and based on theinvestigation of whether the name owner and the real owner is consistent and whetherthe actual user is lawful or not.