Analysis Of Damage Compensation For Joint Dangerous Act In Motor Vehicle Traffic Accident

For a long time,the academic community has classified the joint dangerous behavior into the category of joint infringement.But with the development of theory,the view that joint dangerous act is parallel with joint infringement and non intentional contact infringement is more easily accepted.The problems existing in the application of joint dangerous behaviors are fully reflected in the infringement dispute of motor vehicle traffic accidents.Traffic accidents have sudden nature,and the causal relationship of common dangerous behaviors is difficult to identify,which makes the legal application of common dangerous behaviors of motor vehicle accidents have many problems.The paper systematically discusses and analyzes the specific connotation,the constitutive elements of liability,damages and exemption reasons of the joint dangerous behavior of motor vehicle traffic accidents.Only in the application of law can it provide rules and regulations for the judicial practice of joint dangerous behaviors of motor vehicle traffic accidents,and will be helpful for the theoretical improvement of joint dangerous behaviors in academic research,So it is necessary.It is obvious that the common dangerous behavior and the common dangerous behavior of motor vehicle traffic accidents are the relations of concepts.Common dangerous behaviors are the upper concepts.The basic problems of common dangerous behaviors of motor vehicles accidents are solved naturally.The study of any legal system is based on the basic definition concept,and it is impossible to study the common dangerous behavior of motor vehicle traffic accidents.The common dangerous behavior is the core of the joint dangerous behavior of motor vehicle traffic accidents.First,it needs to define its meaning accurately.On this basis,the concrete connotation of the joint dangerous behavior of motor vehicle traffic accidents will be natural.Through the statistical analysis of the cases published by China judicial document network,it can be found that the court has different grasp of the constituent elements,among which there are many disputes on the judgment standards of "commonality" and "danger".There are many theories in the theoretical circle.Objectively speaking,the "common behavior" is easier to judge and more in line with the judicial practice.It must be recognized that the joint dangerous acts have been used too hard in protecting the victims.The choice of "the theory of space-time identity" will exclude some cases that should not be applied to the common dangerous acts.This is the correction of the over inclined protection of the victims,and can reflect the fairness and fairness of the law.The theoretical circle has been debating how to recognize the "danger" in the common dangerous behavior.According to the scholars’ view,danger refers to a high possibility of infringement.If the infringement happens,it will result in the personal safety and property safety damage.It is more appropriate to determine the subject of liability for damages according to the theory of risk control and the theory of operation benefit attribution.Whether the responsibility bearing mode of all the common dangerous actors of motor vehicle traffic accidents is reasonable in our judicial practice is worth further discussion.After the traffic accident,if the victim can quickly lock the subject of compensation liability,it will promote the realization of social equity from efficiency.Therefore,the author analyzes the determination of several representative common dangerous behavior damages liability subject of motor vehicle traffic accident,and expounds the rationality of the traditional joint and several liability bearing methods.How should the actor obtain immunity from liability? After analyzing the advantages and disadvantages of the two views,it is found that the proof proves that there is no causal relationship and the view that the exemption should be more in line with people’s inner expectation of justice.Based on the principle that "the damage caused by one’s own cause cannot be transferred to others,the innocent person shall bear the consequences",and the "negligence offset" shall be applied to the case of compensation for the damage caused by the joint dangerous acts of motor vehicle traffic accidents.Of course,fundamentally speaking,only by perfecting the damage compensation system caused by traffic accidents can the victims face the dilemma of protecting their rights better.In the process of analyzing the above problems,the specific solutions to the related problems are presented one by one,in order to get reasonable conclusions,to prevent the occurrence of cases that impair the judicial authority,and truly achieve the "same case,the same judgment".