Research On Identification Of Road Traffic Accident Liability Subject

At present,China's law for the handling of motor vehicle road traffic accidents determine the subject of compensation and liability for compensation in accordance with the relevant provisions of “Road Traffic Safety Law”.The article 76 of “Road Traffic Safety Law” establishes the legal basis of how to determine the subject of compensation when a motor vehicle accident occurs.However,several special situations are provided in “Tort Liability Law”.Based on the theory of risk control,risk opening theory,risk dispersion theory and compensation theory,judge the subject of compensation of traffic accidents by using operational control and operational theory.And according to the different forms of responsibility,such as vicarious liability,their own liability,joint and several liability,and combine with theoretical basis,to put forward the general standard and special identification standard.The general identification standard is the dualistic theory of operational dominance and operational benefits.Among them,operational dominance refers to who has the right to dominate and control the operation of motor vehicle,and the operational benefit refers to who benefits from the operation of motor vehicle.And through the determination of their own subject of compensation,to study the application of dualistic theory in general.The special identification standard is interpretation restrictive of dualistic theory.That is,the ownership of operational dominance and operational benefit of motor vehicle,only refers to specific ownership of actual dominance and operational benefits of motor vehicle in the actual and specific operation process of motor vehicle traffic accident.It does not include abstract,potential and indirect benefits.Therefore,in determining the subject of compensation of the motor vehicle traffic accident,the actual operational dominance of motor vehicle is the main principle and the direct distribution of operational benefit of motor vehicle is the supplementary principle.In the special situation of road traffic accidents,identify the subject of compensation by using the special identification standard and combining the vicarious liability and joint liability.At present,there are a lot of new types of motor vehicle road traffic accidents,such as designated driving and net car.For the subject of compensation under the new type traffic accident,the same applies to special identification standard.The traffic accident which occurs during the process of designated driving,in general,the designated driver is the subject of compensation of the accident.But if the designated person has some faults to the damage,the person who is driven by the designated driver and the designated driver take joint liability or unilateral joint and several liability.When a traffic accident occurs in net car,under the labor contract mode,net car driver is in the situation of implementing work,then he does not take the tort liability and the platform company is the subject of compensation.Under the attached protocol mode,net car driver is the subject of compensation of the accident,and the platform company take supplementary liability under the premise of not fulfilling the obligation of reasonable review.In the case of information technology service protocol mode,the taxi service provider shall take the liability for damages once they appear infringement,and the platform company doesn't bear the liability for the tort loss caused by the taxi service provide by the taxi.