The Study On Subject Of The Damage Liability In Traffic Accident

In recent years,national economy in our country develops steadily, people’s material life increases quickly. And the auto industry is becoming more and more developed,it has a steady rise in production and sales.The larger number of cars, the more the traffic accidents happen. Subsequent class is traffic accident damage compensation cases have also risen sharply, so that we have to pay attention.Our law conducted a series of regulations for the main body of road traffic accidents, but the traffic accident responsibility main body is too complex.In the process of judicial practice,it is our focus and difficulty of trial practice to how to determine the liability for compensation subject.There are three reasons:Firstly,motor vehicle ownership is complex in our country,there are a lot of cases that the ownership and right to the use of motor vehicles are separated. Secondly, there are lots of contradictionsin legal rules. Thirdly, handling means of judicial case are not accordant,because legislation mode in our country failed to keep up with the main responsibility of the development of The Times. Judge’s power of discretion in the judicial practice is so large that similar Justizsaches can not be treated fairly. This paper mainly studies motor vehicle damage compensation liability subject such as, the development process, foreign experience, definition and so on. The author raises some suggestions in order to remedy in tort law. There are five parts in this paper.In the first section, the author introduces motor vehicle traffic accident damage compensation liability subject research situation at home and abroad,and tells the goals and significance of this article, explain the value we study.In the second section, the author introduces the concept, process of development and related theories about motor vehicle traffic accident damage compensation liability subject.In the third section, the author introduces the current status standards and problems of motor vehicle traffic accident damage compensation liability subject. In the forth section, the author introduces motor vehicle traffic accident damage compensation liability subject in German and Japan,and gets enlightenments. In the fifth section, the author answers the problems in section 3.The author hopes that this paper could help our law identify the subject of motor vehicle traffic accident liability for damages.