Motor Vehicle Causing Damage Liability Study

Mobile cars have entered the mankind life for more than 100 years since the first gasoline engine was invented by the German in 1886. The invention and use of mobile cars have caused a flood of traffic accidents when it brings people much convenience.Both theacademic circle and the practical circle pay much attention to the compensation of traffic accidents,in order to solve the damage case caused by mobile cars fairly and equally and reduce traffic damage.Beside the preface,the article includes four parts.The first part:the compensation liability of the damage caused by mobile cars.The first part :the compensation liability of the damage caused by cobile cars.The compensation liability of the damage caused by mobile cars just ad its name implies ,iis the responsibility happens after mobile cars do damage to other people .The liability origins from mobile cars.Beginning from the origin of mobile car damage compensation institution,legislation sample of new China and impartant comdition of the compensation liability of the damage caused by mobile cars ,the part analyses comprehensively the compensation liability of the damage caused by mobile cars .It also points out the attitude on the liability which should be taken in Chines law and suggests chines law should be perfected.The second part: the liability doctrine of mobile car traffic accident compensation .Having analysed various views on the liability doctrine system of our country tort law, the chapter points out the difference and likeness of this standpoints and further poses,we shouldn't remark on aliability doctine's meaning simplely and superficially only by its word meaning and we should emphasis the liability doctrine behind the word .on the base of contrast of different countries liability doctrine, the writer analyses the reasons that faultiness liability doctrine is adopted in Anglo-American law system.Having analysed the mobile car traffic accident compensation liability in Chinese civil law academic circle considering wide-spreaded practice,the writer brings about his own view:the driver damaging other people's body or property should undertake the liability,except that he can prove the damage is caused by the victim himself or the resistless power;the liability can be reduced if he can prove that the damage is caused by victim's faultiness,third party's faultiness or unexpected accidents.The third part:how to identify the compensation liability subject of the damagecaused by mobile cas.In contrast with the old Road Traffic Accident Process Rule, the new Road Traffic Safety Law dosen't stipaulate who is responsible for compensation liability .(the writer also thind this item shouldn't be stipulated by this law )Chinese law academic circle hasn't studied deeply and particular the owner or possessor's liability and practical circle's handling way are different on it .In this chapter analyses some problems,such as drive after theft,drive of public-owned cars driving cars bought by instalments ,etc.