An Analysis On Road Traffic Accident Dispute Among Yan And Fan,Li,Industrial And Commercial Bureau Of Ningxiang

The issue of private car for public use is serious in recent years.But nowadays the nature of the phenomenon can not be defined according to the existing laws and regulations, when s omething unexpected happened during this period such as an traffic accident,and another con troversial problem is that the responsibility distribution.At the same time, the court has to con sider the issue about the division of traffic accident responsibility and the division of traffic ac cident damage compensation liability in such cases,it would be harmful to our social if the co urt can not deal with it proper. This case has three controversial focus:first of all, Mr Yan use d a private car for official business is official act or private behavior.Second, whether Mr Yan and Mr Li should afford same traffic accident responsibility or not.And the last,whether the victim who named Mr fan should be undertake a part of responsibility or not.To solve these di sputes, through the analysis of the case, the following conclusions:At first, Mr Yan's act is du ty behavior in the case.His behavior conforms to the standard of duty behavior, such as the dut y behavior of main factor, time factor, and power factor and so on. What's more, the court sol ve this dispute base on improper and illegal law. Concretely speaking,the court wrongly applie d internal rules named Public Motor Vehicles Management Regulation of Ningxiang county I ndustrial and Commercial Bureau.Thus we can draw the conclusion that Mr Yan's act is duty behavior. Second, Mr Yan and Mr Li should share equal traffic accident responsibility in this c ase.On the one hand, their causal and illegal behavior in the traffic accident is right of way of the principle of way, and the quantity and level about that are equal. On the other hand, the t wo sides in violation of the principle of safety involved traffic accident have equal quantities,a nd during this time their acts in violation of the principle of safety degree is equal, too.So they should bear equal responsibility of traffic accident.Finally, Mr Fan as the victim should also b e damage partly to blame.He has the subjective fault, and the fault behavior lead to the expans ion of the damage. What's more,Mr Fan also has the ability of negligence offset at the same ti me, his acts meet the requirements of the composition of the negligence offset. As a result, par tly to blame the victim to damage results, reduce the offender's liability for damages.