On The Determination Of Subject Of Responsibility Of The Vehicle Traffic Accident

In recent years,major traffic accidents repeatedly boarded the headlines,becoming a hot topic of public discussion.These phenomena reflect with China's economic and social development,the car has entered thousands of households,the concept of high-speed traffic game increased the wealth and lagging consequences,is the national and provincial highway and urban street bar has become a major traffic accident in the.Especially the grassroots courts in the Pearl River Delta region,the number of motor vehicle traffic accident liability disputes accepted by the court remains high,accounting for more than 20% of the number of civil and commercial cases accepted by the court.In recent years,the introduction of a number of laws,regulations and judicial interpretations,especially since July 1,2010 the implementation of the "tort liability law",provides a legal basis for more comprehensive and perfect the judicial proceedings disputes liability for motor vehicle traffic accidents.But the legal lag,the reality is always more than limited to consider legislation,especially to deal with some complex or difficult traffic accident compensation cases,legislative blank or conflict will cause the understanding of the differences in the judicial trial,leading referee uniform scale.The reason is the dispute cases of motor vehicle traffic accident liability in "tort liability law" provisions of the special section,but in practice the main responsibility how to take responsibility,especially whether the defendant bear the joint liability dispute is still a high point.Although the type of situation of multiple dispute China's special provisions,but if the responsibility affirmation condition or the occurrence of cross type case of multiple types,there is no uniform understanding of the current legislation,there are many differences and confusion in the accident identification,responsibility and procedure etc..Based on trial practice,this paper discusses the above issues,in order to provide assistance to the judicial trial and the future legislation.