The Research On The Subject Of Liability Of Compensation For Damage In Traffic Accident On Road

In recent years, motor vehicle has been widely used. However, traffic accidents and cases on compensation for damage have increased significantly. At present, in judicial practice how to determine the subject of liability of compensation for damage in traffic accidents is very difficult. The main reasons as follows: Firstly, in China, the subjects who owned or control the motor vehicle are very complex and diverse. Secondly, in theory how to determine the subject of liability of compensation for damage in traffic accidents haven't a unified standard. There are some mainstream theories. Such as "dangerous control theory","compensation theory", and the binary theory of "run control" and "run interests ", but these theories are still in controversy and collision stage. Thirdly, inadequate legislation provisions at this stage can not be fully docking trial practice needs. The general rules of determining the subject of liability of compensation for damage in traffic accidents is absent. Fourthly, jurisprudence is not uniform, the judges have more discretion. In the case of lack of legislative provisions, judicial guidance opinions have filled in the blanks, the standard on how to determine the subject of liability of compensation is in confusion. Therefore, we have to make a discussion on this issue in depth.This article is based on the basic principles of tort law. It is divided into five parts.Firstly, introduces the basic theories of the subject of liability of compensation for damage in traffic accidents. Focus on the main distinction between the concepts of subject of liability of compensation from the related concepts, the main theories of subject of liability of compensation for damage in traffic accidents, and reviews some counties provisions and theories about the subject of liability of compensation for damage in traffic accidents with comparative method.Secondly, reviews the status of the legislative and judicial practice in China on this issue. The author considers that there are some problems. One is that the rules are still insufficient. The other is that they are too abstract to carry out.Thirdly, focus on the binary theory of "run control" and "run interests ", analyzing the problems in theoretical and practical level. On the basis of research, the author gave the suggestions on how to determine the subject of liability of compensation for damage in traffic accidents in China.Fourthly, research on the some issues which the judicial practice hasn't affiliated solved, such as anchored, finance leasing and can not identify the relationship between the main liabilities.Fifthly, make a conclusion.