The Dispute Of Motor Vehicle Traffic Accident Liability Problems Research

With the rapid increase of motor vehicle amounts, the probability and number of vehicle traffic accidents and the cases of liability disputes aroused by the traffic accident also increase constantly. When trying these cases, People’s Court meets many new problems and increases the difficulty of trying. In the practice of civil actions of our country, motor vehicle’s traffic accident liability disputes are the second cause of case under the tort liability disputes. In recent years, the motor vehicle’s traffic liability disputes have become one of the main types of civil cases in People’s Court. Combining with the judicial practice of Beijing local court, from the experience of civil justice, the article analyzes and discusses several crucially procedural and substantive issues. The article is divided into six parts.The first part: the overview of the motor vehicle traffic accident liability disputes. It is divided into two sections which respectively discusses the concept and cause of case of the motor vehicle traffic accident liability disputes.The second part: the change of the gist of motor vehicle traffic accidents liability disputes. The chapter is divided into four sections. It discusses when trying the motor vehicle traffic accidents liability disputes, there are four stages. It is from The Method on Road Traffic Accident Treatment which shows in transitional period, commercial third-party liability insurance is regarded as compulsory insurance, The Law on Road Traffic Safety and Regulations on Compulsory Insurance to Judicial Explanation on the Compensation for Damages of Road Traffic Accident in Supreme People’s Court.The third part: the subjects of motor vehicle traffic accidents liability disputes. It has two sections which respectively discusses the right subject and liability subject of the motor vehicle traffic accidents liability disputes.The forth part: the administration of the motor vehicle traffic accidents liability disputes. It is divided into three sections which respectively discusses the level jurisdiction and the district jurisdiction, and the issue that the defendant counterclaims the insurance company and then the company turns into the defendant.The fifth part: the principle of liability fixation of the motor vehicle traffic accidents liability disputes. It is divided into three sections which respectively discusses that the motor vehicle traffic accidents liability disputes which include the both sides of motor vehicle should use principle of liability for fault, one side of the motor vehicle, non-motor vehicle and pedestrian should use principle of no-fault liability, the insurance which guarantee the compulsory insurance and commercial third-party liability insurance should use the ternary responsibility system in the principle of no-fault liability.The six part: the compensation scope of motor vehicle traffic accidents liability disputes. It is divided into two parts which respectively discusses the personal injury and the scope of property loss.In addition, the article summarizes the experience that the Beijing local court solve the key problems such as liability subject, administration and principle of liability fixation when trying the motor vehicle traffic accidents liability disputes.