Discussion On The Civil Liability Of Vehicles In Traffic Accidents Under Condition Of The Separation Of Ownership And Possession

With the development of China's economy,the improvement of people's living standards and the satisfaction of people's material and spiritual life,people pay special attention to the change of our daily life caused by the fast transportation mode while pursuing the material basis.The appearance of motor vehicles makes people's daily short distance tourism possible,so the number of motor vehicles in China increases with the increase of people's demand Plus,motor vehicles bring a lot of convenience to our real life,so in the next few years,the number of motor vehicles will only increase or not decrease.Of course,all things have two sides.Motor vehicles bring convenience and speed,but also make people's lives and property safety threatened.The number of traffic accidents increases year by year,which makes the responsibility of separating ownership and possession of vehicles in traffic accidents It is more complicated to determine the subject,so it is necessary to determine the civil liability of the owner and the possessor when the ownership of vehicles in traffic accidents is separated.It can not only protect the interests of the infringed and make them get due compensation,but also protect the rights and interests of the owners and occupiers of the vehicles in traffic accidents to a certain extent,so as to prevent them from bearing too much unreasonable compensation.On the issue of liability for motor vehicle damage compensation,the dominant legislative or judicial approach in the countries of the civil law system is: the motor vehicle insurance person to bear strict liability,others only bear fault liability;but in the case of separation of ownership of motor vehicles,usually only one person is allowed to protect the vehicle.Regarding to tortious liability referring to injury caused by motor vehicle,our country have taken a multivariate handling method: infringement committed on duty,we use vicarious liability,and that is,the liability is taken by the employer,the party who accepts the labor or the party who sends the labor.The perpetrator does not take the liability;as to non-duty infringement,the principle is based on the perpetrator,with ownership as supplementary,that is,in principle,the liability should be taken by the occupier of the vehicle,when ownership is separate from occupier,the occupier takes liability,if the owner takes the fault,the owner should takethe corresponding liability.When the vehicle leads to injury,infringement committed on duty,we take liability without fault;non-duty infringement,we always take liability for fault.In the case of separation of ownership and possession,the owner's liability shall be interpreted as the liability according to the meaning.In the trial practice,for many cases of vehicle possession and separation of ownership,the court adopts joint and several liability for the owner and the owner,which has its disadvantages no matter in the way of share liability or joint and several liability,and the proper way is that the owner shall bear the supplementary liability,only when the direct infringer cannot be determined and cannot be compensated.The person shall bear the liability for compensation and obtain the right of recourse against the person directly responsible after bearing the liability.In the case of separation of possession and ownership,the liability of the owner should depend on the fault.Although the relevant judicial interpretation of our country has stipulated the "fault",it is not detailed enough and needs further legislative perfection.