Research On The Tort Liability Of Motor Vehicle Traffic Accidents Of Gratuitous Driving

Gratuitous driving as the driving type of motor vehicle owner is different from the motor vehicle user,It can be seen that the diversification of the subject of motor vehicle is one of the main characteristics of the gratuitous driving.In addition,the laws have no explicit provisions on the liability for traffic accidents,this makes it more confusing to judicial divide the tort liability between the person of driving and the person of designated driving after the third party is damaged by the traffic accident.Through the statistical analysis of the gratuitous driving cases of motor vehicle,,the author finds that the main reason for the confusion of tort liability is that the legal relationship of the gratuitous driving is different and the subject of responsibility is at will.So the author want to deal with the Methods of court proceedings,and constantly improve motor vehicle traffic accident responsibility,especially in the types of the separation of motor vehicle ownership responsibility.This paper through the empirical analysis of the cases of gratuitous driving,the author points out that there have some unreasonable points in the cases of gratuitous driving about the different of the legal relationship of the gratuitous driving ?the uncertainty of the subject of responsibility and the confusion of liability division.This paper think the legal relationship of the gratuitous driving is friendship behavior type and non-management of Management type.According to whether the behavior of agent driving conforms to the constructive meaning of the agent driving person,it is subdivided into non-management of Management and non-reason management of the law.This paper think narrow sense dualism as the subject of responsibility' standard.And according to this standard,the subject of tort liability of friendship behavior and non-cause management is both the person of driving.With regard to liability division,this paper is based on the legal relationship of the gratuitous driving and the subject of responsibility to think that friendship behavior type and non-management of Management type according to Article 1209 of the Civil Code provision to point responsibility type is one-way joint responsibility between the person of designated driving and the person of driving when the person of designated driving have fault.Non-reason management of the law according to Article 1212 of the Civil Code provision to point responsibility type is one-way joint responsibility between the person of designated driving and the person of driving when the person of designated driving have fault.And the person of driving undertake the sole responsibility when the person of designated driving have no fault.