The Responsibility Of Training Under The Concurrence Of Breach Liability And Tort Liability

With the rapid development of social economy and transportation, people's demand for driving skills to enforce the motor vehicle driver training to become a new kind of service industry in universal life, "partners" more disputes are caused by this new phenomenon,through the network to retrieve the written judgment, It is concluded that the number of practice partner disputes of is largely increasing in recent years. Students' personal damage caused by improper practice activities, which will produce two kinds of responsibilities, the first, the motor vehicle driver training company constitutes liability for breaching the agreement; the second, the motor vehicle driver training company constitutes infringement,which leads to the concurrence of contract and tort liability, It is worth for discussing when the concurrence happened!The topic of my article is “ discussing the concurrence of contract and tort liability.Through a more typical case to lead two problems for discussing, this article introduces the related theoretical issues about the concurrence of liability for breach of contract and tort liability, and investigates the liability of partners in our country under the the concurrence of contract and tort liability, according to find out the problems and analysis the causes,besides,put forward some Suggestions for improving.The first part, the article puts forward problems by introducing a typical case, which is Ma Xiaoyan prosecute the Qingdao bridge motor vehicle driver training company. The first problem, how to chose the lawsuit under the concurrence of two liabilities that is contract and tort liability ? The judge whether or not carry out the interpretation obligations? The second problem, how to define the responsibility of partners when the concurrence happened ?The second part, my article introduces the related theoretical issues about the concurrence of the liability for breach of contract and the tort liability. There are three kinds of theories about liability's concurrence, which including, " law articles concurrence said and claim right concurrence said and rules of claim right concurrence said. The judicial practice of dealing with the concurrence of liability in three models, including a ban on concurrence pattern, the permission on concurrence and the limit on concurrence. In accordance with the provisions of our country "contract law" article 122, under the concurrence of liability for breach of contract and tort liability, allowing clients to adopt the permission on concurrence.The third part,the factors of impacting the right holder to choose partners the dispute lawsuit. The author thinks that damaged party can combine perform benefits, return benefits,mental damage compensation with the main body to choose lawsuit.The fourth part, I investigated partner responsibility of our country's judicial practice under the concurrence of liability for breach of contract and tort liability. In our country's judicial practice, The damaged party can not distinguish lawsuit, the judge does not take interpretation. the damaged party can Sue the motor vehicle driver training company for breach of contract,the damaged party also can sue the motor vehicle driver training company for tort liability, the lawsuit not clear, the judge should explain; the lawsuit is different means partners responsibility identification is different. Under default proceeding, the motor vehicle driver training company have the right to recover from the partners; under Infringement lawsuit, partners shall bear tort liability.The fifth part is the path in solving the problem. The author thinks that, one of the most important path is amend legislation, for example, amend the contract law, take partner's liability into legislation,take the interpretation system into the civil procedure law. The second path is improve the justice, the most important is strengthening recovery mechanism.