Accountability In Traffic Accident Of Motor Vehicle Under Affiliated Operation

Recent years, the number of motor vehicle and the drivers are rapidly increasing,thus traffic accident occurs frequently. In traffic accident accountability, the motorvehicles managed by affiliated mode are faced with a series of issues, for instance, theownership of under affiliated operation, the legal nature of affiliated operation, statusin litigation and the accountability for damage of the insurance company,accountability of affiliated organization, etc. Currently no specific regulation is statedin law of the above issues, thus leading to different decisions of a case in variouslocations, namely that different sentences to the same case is common. The legalissues are discussed by the author in this thesis, the reasons of the issues are putforward, the suggestions and advice of the author are raised in the hope that the thesismay benefit the trial practice.This thesis is divided into3parts. Part1mainly discusses the connotation ofmotor vehicle under affiliated operation, exploring the mode of motor vehicle underaffiliated operation from the aspects of the meaning of motor vehicle under affiliatedoperation, legal characteristics, legal nature, pattern of manifestation of motor vehicleunder affiliated operation, ownership of motor vehicle under affiliated operation. Part2is mainly about the accountability for damage of insurance company, in which theinsurance contract of motor vehicle under affiliated operation is analyzed from threeaspects of the subject in the insurance contract of affiliated motor vehicle, insuranceinterest and the efficacy of insurance contract, thus the reason for the issues is thedual nature of the characteristics of the affiliated motor vehicle. Issues like subject ofright of the claim of right in commercial insurance money, status of litigation ofinsurance company, accountability for damage of commercial insurance of insurancecompany are analyzed, among which suggestion and advice are raised aiming at thestatus of litigation of commercial insurance company and compulsory traffic accidentaccountability insurance company. In Part3, the accountability for damage of affiliated organization is discussed. This part is the most important in this thesis. Thelegal basis of accountability of affiliated organization is stated, then four major ideasof current academic disputes are put forward, namely joint accountability, limitedjoint accountability, advance accountability, and supplementary accountability, whichare elaborated respectively; According to the current situation of legal practice,different regulations of supreme court in diverse provinces are listed, and the reasonof different sentences in the same case of the accountability for damage of affiliatedorganization is summarized; The above four doctrines are explored and judged,among which the joint accountability commonly recognized by many supreme courtsis analyzed, deeming that the doctrine is lack of theoretical basis, which is due to thelegal practice pursuing unity of legal effect and the value orientation protecting theinterest of the weak, as a result, the balance point of interest of diverse parties is notfound; Finally it is deemed by the author that the accountability of affiliatedorganization in the traffic accident of motor vehicle under affiliated operation accordswith the characteristics of supplementary accountability, and the damage may occursdirectly and independently because of the act of the affiliated party, and the damagemay not be directly caused by the nonfeasance of affiliated organization, and the actof affiliated organization is not the necessary condition of damage; Thoughundertaking the accountability by affiliated organization is advantageous to theaggrieved party, to the affiliated organization, it is far too strict, violating the fairnessdoctrine of civil law; Undertaking supplementary accountability by affiliatedorganization is in favor of protecting the injured party, though the sequence of theright of claim of right, however, when the affiliated party is unable to compensate orhis present whereabouts is unknown, the affiliated organization is able to compensatethe damage of the injured, which is in accordance with the principle of fairness andjustice, protecting the right of the weak; Undertaking supplementary accountabilityby affiliated organization embodies the adjusting function, leading to the good resultsof beforehand prevention and retroactive adjustment, therefore, supplementaryaccountability has both theoretical basis and legal basis, which protects the interest of the injured, and also keeps the balance among different parties to a large extent,which is thus scientific and fair.