Liability Research For Traffic Accidents Caused By Lending Vehicles

There have been more motor vehicle accidents nowadays while the rapid increase of the motor vehicles.When an accident occurs,If the driver is not the actual owner of the vehicle,there will be a dispute over the responsible subject and distribution of responsibilities between the driver and the owner.There is no danger when the motor vehicle is stationary.The danger of motor vehicles comes from human's driving behavior.Motor vehicle infringement is different from general infringement since it's combined infringement of objects with infringement of human.The owner of motor vehicles should anticipate the danger of vehicles when others driving,therefore he should pay a high attention when he lending vehicles to someone else.If he fails to fulfill this due diligence obligations,violation of his obligation necessitates him to bear the damage result.This article mainly includes the following four parts.The first part draws the topic of this article from three cases,which is the divergence of the responsibility of the lender of motor vehicles in traffic accident caused by lending motor vehicles,in addition extends the legal thinking,which the main reasons for the differences and the enlightenment of the relevant regulations outside the region to resolve the differences.The second part elaborates on the legislative changes of the responsibilities of motor vehicle lenders.After the promulgation of the Tort Liability Law,the rules for determining the lender's liability have become more complete,but despite the stipulations becoming clearer,the scholar's different understandings of the current legal provisions have still caused controversy.The third part analyzes the deficiencies of each responsibility theory from the perspective of jurisprudence,and demonstrates the author 's point of view that it is more appropriate for the faulty lender to bear the proportionate responsibility.Finally,it concludes the justifiability and benefits of the lender of motor vehicles bear the proportionate responsibility,with a view to solving such traffic accident liability disputes in practice.