Research On How To Identify The States Of Auto-Mobile Traffic Accident Damage

Treatment of traffic accident damages disputes have a very important role for the maintenance of traffic accidents in the interests of the parties and the maintenance of social stability.After the traffic accident according to the provisions of laws and regulations,grasp the damage to find the real compensation obligations will affect the traffic accident damages disputes processing result of the apportionment of liability and identification from the main responsibility of motor vehicle ownership.However,the main work of the judicial practice in various types of traffic accident,if the body is not clear of traffic accident liability disputes,will not be able to accurately grasp the specific cognizance of traffic accident liability.Based on this research.Analysis of the main form of responsibility,and under the guidance of the risk theory and insurance theory to explore the issue of judicial practice,to be able to deal with motor vehicle traffic accidents to lay a good foundation.This paper analyzes the sources of risk responsibility theory the main responsibility of motor vehicle traffic accident liability,and from Germany and Japan said two yuan theory makes a deep analysis of the main body of China's legal theory and practice.Firstly,the concept of confirmation from motor vehicle traffic accident liability and legal basis are analyzed,and from Germany,Japan and other countries the responsibility of rules proposed two yuan theory,and analyses the main responsibility of Germany and Japan is different between the standard.At the same time,the current situation and judicial practice through legislation recognized in China.The main responsibility from the current theories of China and the present situation of the practical application point of view,although our country has no concept from the side of the vehicle in the express specific scope of the responsibility subject,but also from China's judicial interpretation and the approval of the Supreme Court in the penetration of our identification on the basis of the main responsibility,China has absorbed Japan runfor users range,and uses the user actual driving people to say to a concrete analysis of the main responsibility of different types,the essence of China's theory and practice that are used in the two element theory,and certainly the actual motor vehicle branch People should bear the basis of liability for damages.Further study on the problem of the second part of the thesis focuses on the typical subject form work in our judicial practice that in all relationships,dominated from the perspective of the relationship between these morphological rules for the determination of the type of analysis,so as to practice according to the rules and theory of the combination of ideas.Especially the actual control rights and separation the ownership,handling China's practice of more than two yuan is said as the basis that adhere to actual control rights shall bear the principle of liability,and indirect benefits from the employer or the employer,the lessor and the main obligation to review the driver's safety and security obligations in terms of the specific practice Problems are analyzed.Finally,this paper on China's current motor vehicle compulsory liability insurance system of insurance companies in the dominant position of responsibility as well as the third person of main responsibility,improve the social rescue fund system analysis,put forward to should strengthen the responsibility of the insurance company's expansion,and should be appropriate to expand the scope of the responsibility of the third,at the same time through clarifying the scope of the victim and improve the conditions of compensation for the details of the implementation relief system,effectively promote the problem of traffic accident compensation in China.In conclusion,this paper explores the theory and practice,on the liability subject of motor vehicle traffic accidents that form problem in a systematic grasp,in order to improve the road traffic and provide a reference for the formulation of laws and regulations.