Study On Liability Of The Subject In Road Traffic Accident

Drive the vehicle when the vehicle owner and driver separation,or because of special reasons,road traffic accidents in special places,the liability for compensation subject need to be confirmed based on the principles of operation benefits and the risks.China's current law and judicial explanation to the special methods of road traffic accident compensation liability subject confirmation enumerated type,which we because of driving vehicle,deck,others take the subject of liability of traffic accidents is not reasonable,and a lot of traffic accident disputes appear kindness with multiplication,contract management,and repairing,custody,provision has been made the pledge during a traffic accident.To solve above problems,our country should modify the existing unreasonable regulations,at the same time increase the new rule.This article will study the subject of liability for road traffic accident under special conditions from four parts.In the first part,the author summarizes the main body of road traffic accident,the main body of the road traffic accidents need to be identified to meet the four elements:location elements,transport elements,damage consequences and subjective elements,road traffic accident compensation liability components.The basic elements of tort liability is the same with that:there is a causal relationship between injurious behavior,subjective fault,damage consequence,injurious behavior and damage consequence,but the liability of road traffic accident damages belongs to special tort liability.The second part introduces the legal basis of determining the main body,mainly "General Principles of Civil Law","Tort Liability Act" Chapter ?,"Road Traffic Safety Law" and a judicial interpretation and two replies.The third part of the road to identify the basic theory of the principal responsible for compensation for traffic accident damage,the main theoretical basis of the concept of dangerous responsibility,compensation theory,the owner of the theory and operation of the domination and operation of the interests of the theory.The fourth part of the main type of specific analysis,divided into the main responsibility type,the actual control type,the other party responsibility and multi-responsibility type.The fifth part is the author of the current unreasonable provisions of the proposed changes and additional recommendations on the loopholes.