Study On The Liability Of Motor Vehicle Defects In Traffic Accidents

The prosperity of economic and social life,the rapid development of infrastructure,road traffic construction continues to improve,motor vehicles gradually into the ordinary people’s homes,At the same time,Motor vehicles have also become the main means of transportation for people to visit relatives and friends,travel,and negotiate business.Motor vehicle travel is indeed convenient for our lives,but at the same time,the increase in the base of motor vehicles has indirectly led to a sharp rise in the rate of traffic accidents,Many traffic safety problems inevitably arise,threatening people’s travel safety.Among them,traffic accidents caused by motor vehicle defects belong to a special form of accidents,these problems can not be ignored,especially need to carry out special regulations.Motor vehicle defects include motor vehicle defects and product defects,And when this process of motor vehicle defect infringement happens to be the process of motor vehicle defect causing traffic accidents,it faces the problem of how to bear the tort liability,In addition,due to the existence of multiple causal forces on the harmful factors,it is more complicated and requires special consideration.In terms of material factors,motor vehicles themselves have defects;In terms of manpower,motor vehicle drivers have problems such as improper driving.It should be handled by product liability and traffic accident liability,but it can’t be solved properly now.Although some laws in our country provide some legal provisions to solve such problems,there are still many deficiencies in protecting the legitimate rights and interests of victims,which need to be improved.my country’s motor vehicle defects still cause traffic accidents in the following aspects:First,the legal provisions on motor vehicle defects causing traffic accidents in China are relatively vague and scattered.There is no unified and systematic legislation on the imputation principle and the identification standard of the subject of responsibility.Second,in terms of the identification of the subject of liability for traffic accidents caused by motor vehicle defects,when the ownership and use right of motor vehicle defects are different,the identification of the subject of liability will change,and the expression of relevant legal provisions is too general and vague,making it difficult to identify and define the subject of liability for accidents in judicial practice.Third,China’s law only makes the joint liability regulation for the special situation of vehicle defects such as "assembling and scrapping".As for other cases of motor vehicle defects,there are no detailed regulations on how to determine liability,resulting in unclear liability of the infringing subject.Fourth,China is more focused on "violations of the law caused by the results of infringement" after the regulation of the consequences of damage,heavy ex post de facto penalties and the lack of effective supervision.Based on this,analyze the above-mentioned problems one by one.First of all,there should be special laws or systematic legal provisions on the civil tort of road traffic accidents,The improvement of relevant legislation is not only limited to the laws of higher legal rank such as the Tort Liability Code of the Civil Code,but also needs the corresponding laws to form a proper system to cooperate with each other.Second,the subject of responsibility should cover the subject of the defective product and the subject of the driving behavior of the driver in a traffic accident.And by the combination of these two subjects,become jointly and severally liable subject;Again,the distinction between traffic accidents caused entirely by the motor vehicle itself defects,the fault of the motor vehicle policyholder and the motor vehicle itself defects caused by the joint action,non-motorist or pedestrian fault and motor vehicle defects caused by the joint action of the three cases under the tort liability,that is,the tort subject in the principle of no-fault liability(based on the distribution of responsibility for fairness)on the basis of the principle of liability to bear joint and several liability;Finally,in order to avoid the occurrence of extremely harmful accidents such as traffic accidents caused by motor vehicle defects to the greatest extent,the source should be contained.Pay attention to supervision in advance,routine supervision and supervision after the event,instead of only paying attention to punishment after the event.Supervise separately at the legislative,judicial and social levels.