| With the increasing number of vehicles,the problems of motor vehicles are beginning to surface.China's motor vehicles have exploded in the last 10 years,bringing convenience to our lives and rapid transit,as well as bringing the region closer together.But it also brings us a lot of new problems and problems.Appears more and more urban parking,sooner or later,the city traffic jam,etc.,the development of the road has failed to keep pace with the development of motor vehicle speed,make traffic accident number increases year by year,the accident that is becoming more and more complex,at the same time party decided after traffic accident damage in the accident responsibility identification also met with some difficulties.Imputation principle in the legal system is the right of a basic principle of responsibility,therefore the accident in the process of identifying,accident liability for damages need to first confirm use which kinds of imputation principle is very necessary,in this way,can protect the interests of the accident victim,make its be compensation,but also to a certain extent,to protect the rights of the person in charge of the accident to avoid its undertake too much unreasonable compensation.One of the problems is that motor vehicle accidents can be considered as part of the study of copyright infringement.When a motor vehicle accident is required to resolve the compensation dispute,it is possible to establish the principle of responsibility for the accident first.In the relevant law of compensation,the judicial branch should make clear provisions on the principle of accountability in the law.Of tort law in our country at present stage,however,is no specific response to traffic accidents caused by tort imputation principle shows that only in the article 48 involves damages are introduced and relevant punishment regulations.In the security law,there are two types of accidents,and the classification method is divided according to the different subjects.One is a traffic accident between vehicles.One is a traffic accident between motor vehicles and non-motor vehicles and pedestrians.Depending on the classification,it is also different in choosing the principle of accountability.The idea that accidents between vehicles can choose fault liability in compensation is widely accepted,not controversial in academia.However,when it comes to motor vehicles and non-motor vehicles,there is a great deal of dispute over the selection of the principle of imputation.Which principle of responsibility should be chosen is the hot topic of discussion.In this paper,in the first part,first has made the preliminary introduction of motor vehicle traffic accident,at the same time,in its involves the civil legal liability should bear part of the carding and analysis;The second part is clear what is civil liability imputation principle of motor vehicle traffic accident,as well as the related concepts and the concept of civil liability,motor vehicle traffic accident at the same time analyses the constitutive requirements and the difference between civil liability and general civil liability;The third part is the doctrine of the principle of the principle of responsibility for the civil liability of motor vehicle accidents in China,and points out the existing problems in the principle of national responsibility.The fourth part USES the method of comparative analysis to our country's legal system and Anglo-American and continental legal system selected in dealing with a motor vehicle traffic accident imputation principle is analyzed,its good learning in terms of law,at the same time,pay attention to the legal system of the loopholes and defects,so some help to our country's legislation,to make our country own traffic accident imputation principle system;The fifth part combines the present situation of the legal system in our country with the development of the present situation.This paper mainly USES academic analysis and comparative analysis to study the thesis in the whole process. |
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