A Study On The Distribution Of Liability Of The Transport Of Goods Carrier In The Case Of Affiliated Management

Currently on the home run affiliated vehicle ownership, the legal nature of the affiliated business, liability of the carrier and other issues, our law does not clearly defined. Thus, throughout the court verdict and allocation of responsibilities to bear the main freight carrier affiliated undertaking responsibility it is not consistent, a different co-contracting is more prevalent. This situation has severely damaged the image of justice. This paper attempts, the legal property of the vehicle linked business was analyzed by the judicial practice of a case, and then to bear the freight carrier's liability under the affiliated business case for discussion. In this regard, there are currently four representative views are: calling party alone bear the responsibility; affiliated units are solely responsible; calling party and the affiliated units bear responsibility in parts; and severally liable affiliated party and the affiliated units. This paper will discuss each of these four perspectives, analyzing their pros and cons, and then concluded that borne by the affiliated party and the affiliated units of joint and several liability is more reasonable. This paper is divided into five parts:The first part introduces the judicial practice in the case of a case handbook, the main dispute, controversy Cause. Focus of controversy cases discussed in this article is how the effectiveness of the contract of carriage, the goods should bear responsibility for the contract of carriage is the driver or be affiliated units. The reason there is the focus of controversy, because they were affiliated to the vehicle due to industrial and commercial registration, tax registration record and become the owner of the vehicle on the law, calling party because the actual possession of the vehicle linked to the agreement and actually become the owner of the vehicle.The second part to the fifth part of the focus of this article is mainly for business anchored cargo truck traffic accident damage or loss, calling party or the allocation of responsibilities linked units will be discussed.The third part, a view that, from the theoretical sources and the constituent elements of the agency by estoppel, analysis is affiliated units should be held accountable. Affiliated parties hold vehicle operating permit(on vehicle operating license has been enshrined affiliated units), the shipper party has reason to believe is representative of the shipping company affiliated with the signing of the contract of carriage, thus constituting apparent agency, affiliated units should be borne by the contract of carriage cargo damage or loss responsibility. Also, according to the rights and obligations consistent with the principle of being affiliated to the management fee charged to the vehicle, the vehicle should have an obligation to carry out a unified and effective management, have a responsibility to bear the loss of the vehicle during transport caused. Objection that calling and agents differ in handling disputes should not copy affiliated agency by estoppel provisions and principles of the theory, can not be completely linked to all the parties to bear alone the consequences of operating system made by apparent agency is affiliated units, should be found more equitable dispute resolution methods.The fourth part is linked units and affiliated party shall bear responsibility in parts, this opinion is mainly based on the "Supreme Court on whether its affiliated units of the actual owners of the accident should be held accountable reply" and "Run Run domination and the theory of interest" the doctrine that is affiliated units should bear civil liability in appropriate vehicles calling obtain operational benefits, the rights and interests of such allocation of responsibilities both to protect the victims, also in line with the principle of fairness. Now in China referee instruments net of related parts of the referee 50 instruments, more than half of the cases were approved with reference to the Supreme Court of this decision. The objection that when excessive management fees of less than the amount of damages, compensation is linked units only within the scope of the loss of management fees, calling party if unable to bear the huge compensation, the benefit of third party unable to be effectively protected. This opinion for the defect lies.The fifth part is affiliated units and affiliated parties jointly and severally liable, this opinion is mainly based on the judicial interpretation of the Supreme Court and the exercise of the right to appeal and protect the interests of shippers angle. Consider those who bear responsibility ability, also come to the same conclusion, was linked units are usually the strength of large transport companies, have a stronger ability to resist risks, better able to bear the loss of the victim. After being affiliated to assume full or exceeds its share of the damages should bear the responsibility, we have recourse to the calling party. Objection that was linked units bear the risk of recourse can not be achieved. However, we shall be affiliated units and affiliated parties are jointly and severally liable conducive to encouraging affiliated units of vehicles better regulation, effectively reduce the accident rate, maintaining a secure transport environment.It is said to give the following conclusions: Breaking anchored internal relations, "Piercing the veil anchored" directly to legal relations in the transport interests of beneficiaries, the interests of the beneficiaries is the bearer of obligations in order to determine the most bear the main responsibility for distribution and responsibility. Affiliated parties and affiliated business is affiliated to what they need, profiting from acts contrary to the principle of good faith, such as damage caused by a third party should be protected in accordance with the priority interests of third standard, identification affiliated party and the affiliated units undertake joint and several liability.