The Study On Subject Of The Damage Liability In Traffic Accident

The main body responsible for compensation for traffic accidents is a natural person,legal person or other organization that is responsible for the civil liability for damage caused by traffic accidents due to the tort of its own or other persons and other causes of damage.In the determination of damage compensation for motor vehicle traffic accidents,the various aspects of traffic accidents have become more and more complex,leading to the characteristics of diversity and complexity in the identification of responsible parties.With the increase in the number of motor vehicles and the innovation of business models,more and more motor vehicle ownership,use rights,dominance and income rights are separated from each other in practice.Therefore,the number of people or entities involved is higher than before.Presenting complex diversity,motor vehicle owners,drivers,managers,or borrowers,insurers,renters,and even carpoolers,robbers,and car theft It is the subject of liability.This paper analyzes the current research results on the subject of damage compensation for traffic accidents in China and the related theories abroad.It analyzes and discusses the main issues of damage compensation for motor vehicle traffic accidents in China from theory and practice,and puts forward some suggestions.This article analyzes and discusses from four parts.The first part analyzes the related concepts of liability damage compensation for motor vehicle traffic accidents,and expounds the significance of this research for social practice.At the same time,it introduces the legal aspects of the law in China.Evolution.The second part introduces the theory related to the subject of damage liability for motor vehicle traffic accidents,and the basic models and standards of Germany and Japan.Through the analysis,we can draw inspiration from our country.The third part: Analyzes the relevant legal provisions and theoretical doctrines in the practice and theory academic circles in China for the identification of the subject of compensation for motor vehicle traffic accident damages,and puts forward the main problems.The fourth part: Combine the content of the previous article,summarize the problems of the first three chapters,put forward suggestions for improvement,and carry out type analysis and induction of different situations encountered in practice.The author hopes that through the research of the issues discussed in this paper,the relevant analysis perspectives and conclusions in the article can play a role in reference to the determination of the subject of compensation liability for motor vehicle traffic accidents at the level of legislation and judicial practice.