Borrowing The Liability Research For Motor Vehicle Traffic Accident Damages

In recent years, with an increasing number of motor vehicles, motor vehicles become the residents' travelling daily tools. Then the situations in which relatives and friends, colleagues need to borrow other people's vehicles for special reasons are growing. Traffic accident caused by lent motor vehicle is increasing in China. About the compensation liability subject and the way of bearing resulting from that kind of traffic accident has become a common problem of legal application.In this paper, it has carried on the comprehensive research on the law system about the use of motor vehicle traffic accident damage compensation. Through case studying and comparative studying, it analyzes the defects of this kind of dispute processing method in China. And taking example by the experience of other country (region), It provides positive impact on solving properly the consummates to borrow from motor vehicle traffic accident damage compensation disputes in China.This article is divided into four parts, the specific content of each part are as follows:The first part is started from introducing case to studying of issues in this paper. Through the comparison between series case facts and the result of the referee, deep thinking, it causes this paper mainly studies the applicable law of derivation problem: If the lent motor vehicle causing personal or property damage, whether the owner shall be liable for damages of not? If need to bear the responsibility, the responsibility for what kind of responsibility?The second part is mainly based on "operation control" and "the interests" theory to state the lending behavior on the legal characteristics and legal property. It aims at differentiating between lending behavior and other civil behavior, and it is advantageous for the judicial practice.The third part expounds mainly treatment principles of imputation for damage compensation case dispute resulting from lent motor vehicle. Based on reference to the juridical practice of Germany, France, Japan and Chinese Taiwan,, it studies China's imputation principle confirmed " motor vehicle users of no-fault liability, owners of fault responsibility", and evaluation.In the fourth part, it mainly discusses the types of responsibilities of the owners of the motor vehicle of faults for research. Through research of China's provisions on the way of the motor vehicle traffic accident damage compensation liability and defect, it analyzes the scholars of different responsibility view, and makes new judicial Suggestions: according to the fault forms of owners-- intent, gross negligence and general negligence – to judge responsibility to its type.