Motor Vehicle Traffic Accident Liability Compensation Body

In the current civil trial,the motor vehicle road traffic accident liability dispute cases occupy a large proportion.Road traffic accident liability dispute cases,most of the victims of physical,mental and economic damage have been a great deal.The key point of this paper is to confirm the subject of indemnity liability in such cases.As for the identification of the subject of traffic accident compensation liability,this paper probes into the theory and practice,puts forward the existing problems,analyzes the theoretical causes and judicial conditions of the problems,and finally provides legislative Suggestions on motor vehicle traffic accidents in the civil code.In writing methods,lists the theory of concept analysis,comparative analysis and comprehensive analysis of theory and practice at home and abroad,which leads to the present situation and problems of the compensation liability subject determined,summarizes the main standards of liability theory schools of thought contend,cognizance standard of practice use analysis of liability subject,finally puts forward the legislative Suggestions of civil code.In addition to the introduction and conclusion,this paper is divided into four chapters.Chapter one: the status quo and problems of road traffic accident liability determination.It mainly includes the legislative situation and its insufficiency,the judicial situation and its insufficiency.Chapter two: the theoretical contention about the identification standard of the subject of compensation for road traffic accident damage.Two theoretical theories are summarized,one is the monism theory,including risk opening theory,risk control theory,risk dispersion theory and reward theory.The other is the binary theory of "operational dominance" and "operational benefits".This theory systematically discusses the selection of the standards for the identification of the subjects of road traffic accident liability,and deeply analyzes the selection and application of the standards for the identification of the subjects of compensation liability,the application in practice,and the existing deficiencies and corrections.Chapter three: practical application of the identification standard of the subject of road traffic accident liability.This paper analyzes and studies the judgment of the subject of liability for damages caused by traffic accidents in practice,such as leasing,attachment,simply transferring the possession of motor vehicles,driving without authorization,and driving on behalf of others.Chapter four: legislative proposals on the identification of the subject of liability for road traffic accident damages.Put forward the principle and concrete legislative Suggestions of the liability dispute of motor vehicle traffic accident in the sub-provisions of civil code.In view of the identification of the subject of compensation liability in China at the present stage,the theory and trial practice are usually applicable to the dual theory of operational dominance and operational interests.In every traffic accident case,the situation is complex and diverse,and in most cases,the operators and stakeholders are inconsistent.In dealing with such cases,the responsible person is firstly confirmed according to the operational dominance,and then the comprehensive research and judgment is made according to who gets the operational benefits.This paper discusses the relevant theories and theories in depth,combined with the trial practice,puts forward the principle and specific legislative Suggestions of the liability disputes of motor vehicle traffic accidents in the sub-provisions of the civil code.