Research On Identiifcation Of Vehicle Traffic Accident Damage Compensation Liability Subject

With the steady development of Chinese national economy, people’s livingstandards also improves remarkably. The sale and production of automobiles arealways high. In recent years, the road traffic industry has experienced the greatchanges. Meanwhile, the number of committing traffic offence cases andcompensation for damages cases are increasing rapidly, which has gradually changedinto the focused social problem. Traffic accidents are the problem all over the world.Scholars from each country have studied the imputation theory of affirmation ofsubject of liability for automobile traffic accidents compensations continuously. Thetheory is concluded based on the practices and the theory also guides the new casesin the practice. So some kinds of theories about imputation of traffic accidentcompensation liability are formed and this paper will state them one by one throughexamples. Although there are relatively unambiguous interpretations about thesubject of liability or compensation in traffic accidents in Chinese related laws, intrail practice how to affirm the subject of compensation liability is still the difficultyand focus for adjudicatory personnel’s research. First, automobile’s ownership andthe control system is relatively complicated in China. Second, there are manycontradictions and conflicts among the existed rules. Third, the specific processingrules of judicial cases are not unified. This paper is based on the judicial practice anddiscussion and research is done aiming at the affirmation rules of subject of liabilityfor automobile traffic accidents, then the corresponding laws, advice and measuresare offered. There are three parts in the paper.In the first part, the related content of subject of compensation liability forautomobile traffic accidents is introduced. It mainly focuses on the concept ofsubject of compensation liability and related basic theories. The main laws and rulesin China are also analyzed and stated in this part.In the second part, legislation of subject affirmation in some typical situationsin the practice are analyzed to find the more reasonable and feasible solutions. In the third part, through the analysis of the above problems, how to perfect therelated rules in the automobile third part compulsory liability insurance system andtraffic accidents social assistance system is discussed.