Tort Research Of Rental, Lending Vehicle Traffic Accident

With the development of social and economic, more and more people have the motor vehicles in China, private family car rolling has gradually become the daily traffic tools, between friends, colleagues due to temporary or special circumstances and borrow the vehicle things often happen. When a motor vehicle is used as a traffic accident, the problem of compensation liability is involved. Any way to determine the responsibility of the way is not only related to the victims in a timely and equitable relief, but also about the effective maintenance of social good customs. Therefore, it is a difficult problem to determine the liability of compensation in the case of motor vehicle traffic accident compensation. How to determine the use of motor vehicle traffic accident compensation liability and liability way, "tort liability act" after the introduction of the forty-ninth in the use of motor vehicle traffic accident compensation liability made clear, but the theory of forty-nine of the responsibility of the main body and the principle of liability is still more controversial, and in practice, the application of this provision is often faced with the embarrassment of the victims.In the case of the traffic accident and leased or lent two, in fact, rental of vehicles has completely fulfilled the contract obligations of the review of the lessee, and clearly agreed shall not be lent vehicles, and vehicle lessee will the vehicle lend to others, in this case for two reasons, one is did not prevent the actual vehicle driving the vehicle, two is a violation of the with the lessor shall not be lent to vehicle agreed. In the two case, when the parties need to take responsibility? If you want to take responsibility, then what should be the way? This is also the focus of this paper.In this paper, we study the tort damage in traffic accident, according to the relevant legal knowledge, the liability of tort liability, is based on the personal loss, compensation is generally based on money or physical property, which is a tort compensation under normal circumstances. Identification of vehicle rental, lender and driver to assume the responsibility of tort liability for traffic accident. The in tort liability of traffic accident of the vehicle rental, through detailed, real case to trigger the thinking about the case, some similar cases of the regularity of the solutions is thus obtained, with the above problems, through a comprehensive analysis of the cited cases, try to find the answer, and draw some conclusions with continuity from the answers, for future similar cases to make reference value.