Research On The Subject Of The Liability For Damages Compensation When Accident Responsibility Is Unclear

In recent years,the torts caused by motor vehicle traffic accidents have been a hot topic in all walks of life.After the traffic accident happens,the public security department correctly determines the responsibility of the traffic accident,and the court correctly determines the subject of the liability for damages is the key to deal with the legal problem of the traffic accident tort.At present,our country regards the theory of "dualism" as the main basis and the traffic accident liability cognizance as the secondary basis to identify the main body of the liability for damages.However,the application of the primary and secondary basis in practice are not different in local courts.This shows that the court in dealing with the problem of compensation for damages in traffic accidents,especially in some special cases,the main body of liability for damages,there is only a large principle reference and lack of specific rules can be applied.Because of the wide coverage of the problem of compensation for damage caused by traffic accidents,there are many aspects involved.In order to study more deeply,the author regards the main body of damages liability as the core,the traffic accident responsibility as the auxiliary point,combined with the current legislative and judicial situation of our country as well as the relevant legislation outside the country.This paper analyzes the legal problems in the identification of the subject of liability for damages in traffic accidents.In order to reduce or prevent the trial personnel from causing the same or different cases to occur due to the ambiguity of the law when dealing with the legal problems of the compensation for damages for traffic accidents.The first part of the article on the case of a traffic accident Wu,the facts of the case and the court decision were introduced,thus summed up the focus of the dispute in this case;In the second part of the article,the related concepts and theories are elaborated and distinguished in detail,and then the legal analysis of the focus of the dispute is carried out by using the above-mentioned concepts.Taking several special cases as an example,the author analyzes the confirmation of the subject of compensation liability.The last part introduces the legislative situation of our country and other countries on the subject ' s cognizance of the liability subject of traffic accident compensation,points out the problems existing in this legislation and puts forward some suggestions.The author hopes to contribute to the correct identification of the mainbody of liability for traffic accident damage compensation through this paper.