The Research On Compensation Liability For The Third People Damage Caused By Test-driving

After entering the 21st century,due to the rapid and steady economic growth in our country,the quality of life in our country has been continuously improved.Automobiles have become an indispensable means of transportation for the general public,the market demand for automobiles has rapidly increased.With the rapid development of the automotive sales market and the increasingly fierce competition in the industry,Major automobile dealers take the test drive,installment payment and other promotion methods to occupy a larger market share.At present,most of the test drive activities are carried out on public transport roads,which inevitably leads to the occurrence of test drive traffic accidents.The third people damage casued by test-driving involved many parties,it was difficult for the parties to reach a consensus on the issue of liability for compensation.The disputes that had arisen had become new cases.The introductory part of this paper basically introduces the current status of test-driving activities,the legal provisions of test-driving disputes,and the writing ideas of thesis.This paper is divided into five parts.The content of the first chapter in the paper mainly discusses the summary of the third people damage casued by test-driving.It mainly introduces the basic concepts related to the third people damage caused by the test-driving,the legal relationship between the parties and the corresponding rights and obligations.The second chapter of the paper is about the judicial practice and its disputes on the third people damage caused by test-driving.First it analyzes the causes of the test-driving infringement accident disputes,and then lists three judgments of different processing results of the disputes in the judicial practice and the relevant referee basis.By comparing the referee results of the comparison case summed up the controversial focus of the current judicial practice on this issue:(1)whether the car dealers bear responsibility;(2)the nature of the behavior and the form of the responsibility.The third chapter of the the paper mainly analyzes the liability of the third people damage caused by the test-driving.Starting from the existing legal regulations,theoretical basis,and judicial practice activities,it analyzes whether the test driver or car dealer is responsible or not,and analyzes the responsibility basis of the insurance company.The fourth chapter of the paper is the nature of test-driving tort and the responsibility of all parties.On the basis of determining that the automobile dealers bear the liability for damages,comparing the third-person damage infringement caused by the test-driving with the infringement of the joint infringement and the unwitting contact.Then the paper summarizes the four cases that constitute a common infringement in the traffic accidents caused by the third person's infringement and the cases of infringement that constitutes an unwitting contact number,then determines the form and foundation of responsibility for test drivers and car dealers.