The Civil Liability Research Of 'Traffic Pengci' Behavior

'Pengci' is a jargon of the antique industry initially.With the development of economy and the improvement of people's living standard,the transportation industry is booming,and a new type of crime---'Traffic Pengci' comes into being.This paper mainly discuss the 'Traffic Pengci',in which one party or two are motor vehicle drivers.Obviously,the 'Traffic Pengci' behavior seriously affects the safety of traffic and public and private property.Specialized and occupational groups of 'Pengci'seriously disrupt social order,so it must be taken seriously.However,because of the diversity of its form,the crypticity of modus operandi,and the deficiency of legislation and judiciary,it's very difficult to obtain evidence and affirm.There are a lot of controversy in theoretical and judicial circle,and special cases are are dealt differently.This paper mainly analyzes the problems related to 'Traffic Pengci'behavior from the perspective of civil responsibility,giving some suggestions,hoping to be helpful to deal with 'Traffic Pengci' events.This paper is divided into four parts.The first part is an overview of 'Traffic Pengci' behavior,analyzing the connotation,causes,form and the nature of civil responsibility,in order to have a preliminary understanding of it.In the determination of civil liability,the author discusses the three kinds of civil liability of 'Traffic Pengci' behavior:tort liability,a liability for breach of contract of insurance fraud and the liability of refusing returning unjustified enrichment.The tort liability is based on the legal relation between the two parties,analyzing the disoperation on the property,personal and spiritual interests,and the tort liability could be affirmed.The liability for breach of contract of insurance fraud is based on the legal relationship between the pengci party and the assurer.Many people are making 'traffic pengci' events to claim insurance compensation.They break the principle of honesty,truthful information and assurance in the insurance contract.The perpetrator intentionally makes traffic accident,so it can be identified as the liability for breach of contract of insurance fraud;the liability of refusing returning unjustified enrichment is based on the fact that the perpetrator get insurance compensation through 'Traffic pengci',and creat unjustified enrichment between the person who undertake 'Pengci' and the insurance party.As a debtor,the actor's refusing returning the interest will produce the liability of refusing returning unjustified enrichment.In the second part,the author discusses the criterion of liability and constituent elements of 'Tracffic Pengci' in detail from three aspects:tort liability,a liability for breach of contract of insurance fraud and the liability of refusing returning unjustified enrichment.In the third part,the author expounds the bear way of civil liability.The angle still is the three aspects.In the last part,the author disserts the Precautions of 'Tracffic Pengci' from the exprience of Japan.