Research On The Civil Liability Of Car Three Packets

In October1st,2013,"the liability provisions of household auto products repair, replacement, and return" was formally promulgated and implemented. The regulations not only build a theoretical system of car three guarantees, but also fill up the blank of automobile consumer rights protection for a long time, which have undeniable significance of innovation of theory and practice study of automobile consumer rights and interests protection. From the basic system of the civil law and the automobile consumer protection practice, this article explores the value and the defects of existing car three guarantees regulations to improve the guarantee system.This thesis consists of three parts:preface, text and conclusion, of which the text part is in five chapters.The first chapter is the outline of automobile three guarantees responsibility. The author first clears the concept of automobile three guarantees, and then summarizes the three characteristics of automobile three guarantees, finally researches the necessity to establish automobile three guarantees system, so that the readers can understand the automobile three guarantees responsibility in the whole. The second chapter is the study of the nature of automobile three guarantees. Automobile three guarantees responsibility belongs to the civil liability. Under current law, automobile three guarantees responsibility was characterized as the seller undertaking the consumer’s liability for breach of contract and liability alone. The author attempts to redefine the nature of automobile three guarantees responsibility, from the perspective of the protection of civil rights, and defines that automobile three guarantees responsibility should belong to the unreal joint obligation and joint responsibility.The third chapter is the study of the liability subject and the object of protection of automobile three guarantees. The current automobile three guarantees law only takes car sellers as the subject of the responsibility, while takes domestic vehicle owners as protection objects. Whether the subject of main responsibility or the protecting objects are too narrow, which is unable to realize the fundamental purpose of legislation. Based on the last chapter defining automobile three guarantees responsibility of qualitative theory of the unreal joint responsibility, it proposes that the main responsibility subjects should be expanded to the producers and sellers, the objects of protection extended to other consumers, and discusses the rationality and the legitimacy of the expansion.The fourth chapter is the study of the components of automobile three guarantees responsibility. The chapter adopts legislation research and empirical research. According to the current legislation chapter mode, it is divided into auto assembly, automotive systems, wearing components, serious safety performance fault such as part of the liability system of. Each part of the study, it first analyzes the relevant provisions and theoretical basis of existing legislation, and then cites specific examples in real life, and finally puts forward suggestions to amend and perfect the deficiency of legislation, in order to make more in-depth and detailed analysis of automobile three guarantees responsibility.The fifth chapter is the study of relevant security system of automobile three guarantees responsibility. According to the practice problems of regulations, it provides travel tax, purchase tax, vehicle insurance service, to set up the third party authentication mechanism, to increase administrative penalties and other measures. I hope these suggestions can help improve automobile three guarantees.