Research On The Type Of Joint Infringement In Motor Vehicle Traffic Accidents

Infringement of motor vehicles in traffic accidents generally has the characteristics of complex accident scenarios and unclear causal relationships.These characteristics make the proper handling of related issues such as the conduct of joint infringement in motor vehicle traffic accidents,and the assumption of liability in judicial practice.more complicated.At the same time,in a motor vehicle traffic accident together,it generally involves multiple interests.If the cognitive characteristics of the behavior cannot be correctly understood,it will be difficult to deal with such accidents in a fair and impartial manner,which will easily lead to bad social impact.Therefore,for motor vehicles,The discussion of joint infringement in traffic accidents is indeed necessary.According to the differences in the constitutive elements and characteristics of the common infringement in motor vehicle traffic accidents,combining the particularities of infringement in motor vehicle traffic accidents,it is divided into three types: the common dangerous behavior in motor vehicle traffic accidents,motor vehicle traffic Accumulative causality behaviors and common causality behaviors in motor vehicle traffic accidents are accumulated in accidents.Through the analysis of the types of common infringements,constitutional elements,and identified issues in motor vehicle traffic accidents,the meaning of common infringement in different types of motor vehicle traffic accidents is clarified.In the analysis of liability components,the road traffic accident certificate is identified as evidence issued by the administrative agency.The responsibility for the determination is the division of the responsibility for the accident,rather than the basis for the ultimate responsibility.Through the process of the development of the principle of attribution of liability in traffic accidents in motor vehicles in China,the principles of the fault-tolerance between motor vehicles in torts were clarified,and the specific circumstances in which motor vehicles bear no-fault liability or fault-presumption responsibility for pedestrians or non-motor vehicles..In view of the fact that the tort liability law and the Road Traffic Safety Law do not explicitly stipulate the liability for such infringement,it is necessary to seek legal basis from the relevant provisions of the joint infringement act in the Tort Liability Act.From Article 10 of the Tort Liability Act,“Common Dangerous Behavior”,Articles 11 and 12,“Most infringement of unconscious contact”,contact the specificity of motor vehicle traffic accidents and propose improvement of this Several proposals of the system are made to reduce the difficulty of handling such problems in practice.