On Traffic Accidents In All And Possession Of Motor Vehicles Owners' Responsibility-Case Study

Regarding to tortious liability referring to injury caused by motor vehicle,our country have taken a multivariate handling method: infringement committed on duty,we use vicarious liability,and that is,the liability is taken by the employer,the party who accepts the labor or the party who sends the labor.The perpetrator does not take the liability;as to non-duty infringement,the principle is based on the perpetrator,with ownership as supplementary,that is,in principle,the liability should be taken by the occupier of the vehicle,when ownership is separate from occupier,the occupier takes liability,if the owner takes the fault,the owner should take the corresponding liability.When the vehicle leads to injury,infringement committed on duty,we take liability without fault;non-duty infringement,we always take liability for fault.When the owner is different from occupier,according to the paper,liability should be shared.However,in judicatory practice,we still handle with joint liability for most cases.Share liability lead to non-self-consistency by logical,while joint liability is beyond the law which belongs to illegal adjudication.The appropriate handling about liabilities of owners should be supplementary liability.When the ownership is separate from occupier,liability of owner depends on fault.Although judicial interpretation has defined “fault”,there is still some omission.We should combine juridical practice with theory,further refine,in order to attain the identity and stabilization during the application of law.