The Choice Of Lawsuit Mode While Obligations Accord In The Same Time Contained By Road Passenger Transport Accidents

Default liability and tort liability Competing refers to theimplementation of the perpetrator of a violation which consists ofa default liability and tort liability double features and makesthe default liability and tort liability generate at the same time.The reasons of default liability and tort liability arisingattribute to the two responsibilities which have the same pointsand different points that are both mutual penetration and mutuallyindependent. All proceeds from the concepts of the defaultresponsibility and tort liability with features and the authoranalyzes the two responsibilities competing conditions throughdefault liability and tort liability comparison and the conclusionis there is the unity of opposites. Identity mainly in whether tortliability or breach of the other main responsibility are hurts toother persons rights, so the two responsibilities are all damagecompensation ones. It is precisely because of the homogeneitybetween the two responsibilities, an irregularity action probablyhas two characters that may have possessed both responsibilityconstituents' elements at the same time consistent with contractlaw and tort law liability.The essence of two Responsibilities competing is the tworesponsibilities coexist with the conflict. The differences andconflicts between the two sides are also the reasons why the modernworld countries describe the two sides as the two legal systems.the major differences of Law and the legal application make a greatimpact on both parties rights and obligations when you choosedifferent ones, since a great differences exist between the sue ofcontract and tort. The distinction between the two sides exists inthe following main areas: imputation principle, the burden of proof,litigation limitation, and the content of the obligation,responsibility constituent elements and conditions of liabilityexemption, litigation jurisdiction. There are many ideas about thecompeting of default Liability and tort liability for breach of thedoctrine in the research fields, the most influential ones are lawclauses competing ideas, claims competing ideas and the claimsclauses competing ideas. Each theory has its rational elements, butall can't settle the balance of the interests of both parties whenthe two responsibilities compete. The legislation about thecompeting of default liability and tort liability in the worldcountries has three: the prohibition of concurrent, allowingcompeting, competing restrictions, and each approach has its ownadvantages and disadvantages insurmountable. The model ofcompeting restrictions avoids the probabilities of double claimsof obliges and also resolves the justice difficulties which bringsby the conflict of law clauses. But the model has its differences,that is obliges lose the probability of broad compensation whichbased on tort liability. Allowing competing models are good tocreditors in full compensation for losses and fully protect theinterests of the creditors, but the point in the pattern "If arequest is dismissed as a result of limitations expired, thecreditors can execute the other claim" damages debtor's legalinterests and rights and easily causes many sues. That makesdebtors' obligation worse and it worsen the curt's not burden, norcivil disputes resolved. British law limits competing effectivelyavoid liability aggregation system phenomenon, but it does notsolve the problem of competing responsibilities. On the one hand,the lack of clearly defined and specific standards so as to bringthe parties to the proceedings difficult and can easily causeconfusion in the application of the law:On the other hand, a requestfor the right expires court support for the reasons of limitationthe plaintiff may not be able to initiate another proceeding. Thisis not good to the protection of the interests of the injured partyand crack down on wrongdoers.Rules establish for solving practical real-life problems, suchas the rule of law, procedural rules of litigation is to resolvethe problems in the procedure, rather than establish obstacles tosolving problems, that means we can not ignore the interests ofclients in the application of the rule of law, from a legal purposeand interest of the parties to consider, victim protection can notbe restricted for the establishment of the rule of law.The basic function of civil responsibility is to balance everydaylife interest's imbalance and restore damaged law order to soothethe injured party spirit, civil responsibility claims to fill civildamage, the full compensation principle, regardless ofinfringement or breach of contract, the losses suffered by thevictim should be fully compensated.The purpose of the law is to achieve a balanced society, neithercan one person suffer without relief nor can only protect theinterests of the injured party regardless of the other party's legalinterests, From another perspective, the law can not want offendersfor their wrongdoing assume double punishment, and itsresponsibility is to fill the loss of the victim.Traffic accidents occurred in the Highway passenger contract howto choose litigation means when default liability and tortliability competing should be considered First, depending on theparticular circumstances. The specific ideas are: Implementing theprinciple of autonomy, with full respect for the freedom of choiceof the victims that means victims may request for payment ofcompensation based on the burden of proof, litigation limitation,the amount of compensation, the competent courts, personalpreferences and other considerations in the highway contracts. Whendefault liability and tort liability compete. Because in realitythe traffic cases are complex and varied, although inflictedpersons' tort liability is requested in some cases, victims may becompensated more, but also assume more corresponding burden ofproof. There are cases, litigation limitation period of theresponsibility for the breach is more than that of tort liability,if the victims worry when he claims tort liability he can't besupported by the court, and he could initiate requests for paymentof compensation by the default liability. Second, Claims have adifferent stand. That passenger traffic accidents on the highway,when a default liability and tort liability proceeds, if the victimworry that if he makes a request that can not be filled what he rightsuffered a total loss, he could choose the right one main requestbased on court jurisdiction, personal preferences and other factorsto determine jurisdiction of the court and to advocate anunimportant responsibility, if the main request can not besupported ,he can claim another request to ensure a kind ofcompensation. If the primary and the secondary claims are allsupported by the court, the part of the superposition should bededucted, the burden of the proof, lawsuit limitation, etc shouldbe determined based on every one's claims in order to fully protectparties' interests.