Study On Responsibility Identification Of Vehicle Driving Traffic Accident

After the strict enforcement of the Prohibition Law in the country,the citizen's legal concept has been strengthened,and safety awareness has been promoted.Most drivers strictly implement the rules of driving without drinking alcohol and drinking without driving.In order to facilitate the broad masses of the people,the driving service industry has experienced rapid development.At the same time as development,there have been a large number of traffic accidents involving motor vehicles.The issue of accountability for traffic accidents and its legal application have attracted public attention.As more and more accidents caused by drunk driving,managing drunk driving has become an urgent problem in China.Since the promulgation and implementation of the "Road Safety Law," the laws and regulations have resolutely maintained a firm attitude toward drunk driving.The treatment of drunk driving is also extremely strict.Therefore,the driving industry gradually came into sight.However,due to various factors,the development of the driving industry is still very slow.However,the lack of a uniform law applicable to the driving industry has led to great flaws in the management of the driving market.Although the driver's visit is convenient for the general public;there have been traffic accidents,coupled with the inconsistency of judicial determination and the continuous disputes over theories,who should be the main responsibility of the driver and motor vehicle owner and become the focus of discussion.In addition,does a car owner who does not have the ability to drive have the appropriate capacity for civil conduct when signing a driver's service contract with the driving company or the hotel?How should the relevant laws and regulations of our country stipulate the signing of the agreement in order to avoid the occurrence of controversial events?Does a contract signed by a drunk owner legal?If there is a traffic accident outside the driving process,who should bear this responsibility?Who should be responsible for the damage caused to drunk drivers?Many of the above situations are hot spots that the law needs to be perfected.China urgently needs to issue judgement scales that meet legal principles and reasonable conditions.With the continuous and significant increase in the number of motor vehicles,drivers,highway traffic mileage,and traffic volume,it is particularly important to effectively curb the high incidence of accidents and strengthen the investigation of the responsibility and liability of the motor vehicles.In order to balance the freedom of behavior and the protection of rights and interests,the system of force majeure and negligence can be used as the main basis for judgment,and the compensation for liability of the cost person and the owner of drunkenness can be effectively regulated and the tort liability law can be regulated.At the same time,it is suggested that the government should develop the autonomy of the driving industry as soon as possible,set up a driving industry association,formulate unified industry rules,and formulate standard driving contracts so as to clarify the rights and obligations of both parties in driving legal relationships and reduce disputes.It can also play a role in industry self-regulation and guide the healthy development of the driving industry.And through the legislative department to issue the appropriate laws and regulations to protect the legitimate rights and interests of citizens.At the same time,it is recommended that the government take the lead,and China Insurance Regulatory Commission will set up a "drive insurance" pilot for large-scale life insurance and property insurance companies.The insurance company sets the "driving insurance" as an independent insurance policy.If an accident occurs during the driving of the driver,the insurance company will identify the responsibilities at the first time to compensate them,so that the accident can be quickly resolved.In order to promote the sustainable development of the driving industry.At the same time promote social stability.This article adopts methods of consulting relevant materials and documents,case studies,and other methods to carry out special studies on the identification of the main body responsible for motor vehicle traffic accidents,the nature of motor vehicle legal relations,and the tort liability of motor vehicle traffic accidents.The specific practice can effectively protect the interests of the parties and safeguard the fairness and fairness of the law.