Analysis On The Cases Of Express Deliverer's Liability For Injury Caused By Traffic Accidents

With the rapid economic development of China's express industry,the frequency of traffic accidents occurring to express deliverer is getting higher and higher.No matter it causes personal damage or personal damage,the personal and property losses caused by express deliverer are getting larger and larger from the number of cases to the amount of compensation.Integrating the cases of the express deliverer' liability for injury caused by traffic accidents in the past ten years,the main disputes are as follows:does the express deliverer have employment relationship with their employers or other relations;How to assume responsibility;Identification of various losses,etc.First of all,employment is not clearly defined in the civil law and contract law of our country,and only the relevant tort judicial interpretation regulates the liability of employers and employees.During the hearing,the court usually judges the liability of the parties in the accident based on the confirmation of traffic accident liability and other evidence,and makes judgments according to the identity of the parties.It can be seen that the connotation of "employment" should be standardized to avoid confusion and the concept of "employing subject relationship" should be uniformly applied.On the one hand,this is conducive to the consistency of court judgment,and on the other hand,the public should not view the law with too much ownership color.Second,to assume responsibility,usually of employer vicarious liability,part of the case that express deliverer gross negligence and are jointly and severally liable with the employers,but after all import "vicarious liability",has its limitations,and the concept of "responsibility" of choose and employ persons is a rationality,on the one hand,with the main body of choose and employ persons concept matching relations,on the other hand is also the mainstream view of this kind of tort liability;The imputation principle,unified for no-fault liability principle is the trend of The Times,at the same time,the legislative,judicial authority issued corresponding legislative interpretation,judicial interpretation,perfect "byelaw of inductrial injury insurance and other social insurance law,better to infringement of corresponding legal norms,in order to avoid confusion in the judicial practice of the referee thought and different sentence connection with the case;In addition,in the draft of tort liability compilation of the civil code,the judicial interpretation of compensation for personal damage and the content of the right of recourse in tort liability law have been unified,which canbetter guide the judicial practice of special tort cases in the future.Therefore,to fully protect and give consideration to the legitimate rights and interests of the infringer,the victim and the third party,it is necessary to perfect the responsibility system of the employing person,especially to attach importance to the unity of legal effect and political and social effect.