Study On The Subject Of Liability Of Compensation For Damage In Traffic Accident Of Motor Vehicle Road

Along with the social economic scale and the level of continuous improvement, people’s consumption level is also increased, motor vehicles have entered families, the number of motor vehicles are constantly surging. The increase in the number of motor vehicles has also brought about a variety of problems, including traffic safety is the growing concern of the problem. China’s "tort liability act" and the "road traffic safety law" and relevant judicial explanation to make more detailed provisions identified on the motor vehicle traffic accident liability subject, but some of the provisions is not clear, in some special cases, applicable law problems still exist, in accordance with the provisions of the law, in the protection of the legitimate rights and interests of victims is flawed. This paper analysis the related theory, and combining with the legislation and judicial practice of our country, listed in China motor vehicle traffic accident liability subject identified existing problems, and based on this proposed their views and suggestions to these problems.In this paper, the first part of motor vehicle traffic accident liability subject related concepts are defined, analyzed the main responsibility in theory and in "binary" theory to carry on the analysis, it is concluded that the point of this article that identified the subject of compensation in traffic accident shall be to run a theory as the basis, to run the interest theory as a supplement, the combination of the two ways.The second part of this paper is a comparison of legislation.. From the motor vehicle retains the people assume responsibility for the accident, motor vehicle driver to assume responsibility for the accident, motor vehicles and driving people to share the responsibility for the accident three legislative mode are analyzed, and draw on our country motor vehicle liability subject identified legislative mode of reference, namely to all motor vehicles bear responsibility for the accident is based, in the vehicle owner to make regulatory obligations and transfer all regulatory responsibilities, exempt from all responsibility, by motor vehicle related subject bear responsibility legislation mode.The third part of China’s motor vehicle traffic accident liability subject of type analysis, in addition to the provisions of the tort liability law in China some special cases are analyzed. This paper also analyzes the in without driving the motor vehicle of others, to contract for the operation of the motor vehicle, motor vehicle anchored, hired to drive a motor vehicle, vehicle installment, self-defense, emergency hedge, kindness and take the case of motor vehicle traffic accident liability subject identified. And in the analysis of various situations, indicating that the lack of legislation of our country, such as the leasing, borrowing situation legislation without distinction; the lessors to assume the corresponding responsibility "are not clearly defined; motor vehicle theft happen traffic accident. The original motor vehicle all people exist the custody of the fault, the responsibility of all people not to be defined.The fourth part of this paper analyzes the main body of the motor vehicle traffic accident liability legislation and judicial practice status quo., summarizes the defects in the legal provisions and practice through the analysis of the legislative and judicial practice of our country, such as the law of our country of motor vehicle traffic accident liability subject identified lack of universality of imputation; main responsibility is not clear, the main responsibility type analysis are inadequate. Suggestions are put forward on the basis of analysis of the legislative and judicial defects, such as a clear common standard recognized by the motor vehicle accident liability subject; specify the specific expression of the main responsibility for the accident; increased under special circumstances to determine the subject of liability provisions.