Civil Liability Of Motor Vehicle Accidents

With the widespread use of cars,traffic accidents have become a frequent occurrence in the daily life of tortuous accidents,which directly lead to an increasingly number of tort cases.Tortuous liability of motor vehicle accident frequently applies to the judicial practice field,its scope,limitations,conditions correspondingly have become important topics for researching in the field of tort law How to effectively prevent the occurrence of motor vehicle accidents,transfer and distribute losses,and give the victims timely,fair,reasonable,adequate relief are the problems to be solved in both the tort theory and civil legislation of the world.Related to the civil liability of the motor vehicle traffic accident problems,first of all,we must know the rational problems of the motor vehicle traffic accident in the heart,the so?called motor vehicle traffic accident liability,it is point to in motor vehicle traffic accidents personal or property of the victims suffered loss,this traffic accident should be the responsible person in accordance with the provisions of laws,to the victim assume tort liability for damages.Essentially it is not only a kind of object responsibility,also a kind of behavior responsibility,therefore it has double attributes.Between motor vehicle,the risk between coefficient and avoid danger ability is different,so motor vehicle traffic accident liability fixation for both sides of the main body of the principle is different and caused different.You need the motor vehicle traffic accident on the main responsibility to make concrete determination,our country should be in reference to Germany and Japan in the theory and legislation,and on the basis we should rich the“dual said” application,the use of the connotation of the motor vehicle should be clearly and notice obligation,consummate the special tort liability subject type,so as to solve the current motor vehicle traffic accident liability that the deficiencies of the subject.Second,the main responsibility shall be clearly and specific distribution of responsibility,especially in the risk liability,the ultimate responsibility and the weak protection theory,under the guidance of the logarithm people tort liability distribution situation,facing problems in the motor vehicle liability share legislation infringement of our country at present,I think that we should build a mechanism to share theresponsibility of motor vehicle traffic accident liability,namely establish joint liability to sharing mechanism,clear 10% of liability applicable methods and rules the victim fault participate in motor vehicle traffic accident several people tort liability share situations.Finally,in order to safeguard the equity of the law and justice better,balance the interests between the parties,we should apply negligence offset strictly,pay attention to the fault of the victims should be limited to the gross negligence,and in the aggressor from intent or major negligence due to causes damage to others,cannot be applied to negligence offset.Analysis and research the civil liability of motor vehicle traffic accident's related problems on details,not only can reduce scholars with relevant theory of conflict,but also can give the judicial practice with powerful reference and the right guidance,further balance and protecting the legitimate rights and interests,which fully embodies the fair value of the law and the ultimate goal.