Cognizance Of Liability Subject Of Road Traffic Accident Damage Compensation

With the continuous improvement of China’s economic level,motor vehicles have become an indispensable means of transportation in our lives.The continuous increase of motor vehicles has brought great convenience to our lives,but also accompanied by the frequent occurrence of traffic accidents,which has caused tremendous damage to our property and body and seriously threatened the stable development of society.The identification of the road traffic accident liability subject has not only become the focus of controversy in the theoretical circle but also caused widespread concern in the society.After decades of development,the "People’s Republic of China Tort Liability Law","People’s Republic of China Road Traffic Safety Law" and the judicial interpretation of traffic accidents have made provisions on this,but some provisions are not yet clear.Uniform and systematic legislation has not been formed on the standard of responsibility subject identification.In addition,no detailed provisions have been made on the identification of many special subjects.The problems in the formulation of laws have resulted in the inadequate protection of the legitimate rights and interests of victims in traffic accident infringements,and there are great limitations.Legislative confusion directly causes many problems in judicial practice,and the results of judgments under the same circumstances vary from place to place.This not only affects the authority of the law but also effectively protects the rights and interests of the victims.In order to maintain that the victim can obtain effective relief after suffering the damage from the traffic accident,it is necessary to clearly identify the subject of the damage liability in different situations.This article is divided into five parts: The first part of the introduction mainly introduces the research background,research purpose,domestic and foreign research status of the article and the research methods used in this article.The second part takes "Wei Fuqiang,Tu Zhaogong and Li Lucai’s traffic accident tort liability dispute case" and "Du Lei,Zhao Bangguo and China Railway 4th Bureau traffic accident tort liability dispute case" as examples to explain their judgment results and the disputes between the two cases This leads to how to determine the application of the subject of tort liability when the infringer and the owner are inconsistent after the motor vehicle traffic accident.The third part analyzes the relevant concepts of the subject of liability for damage compensation for motor vehicle traffic accidents and compares the two concepts of the subject of damage compensation and the subject of liability,and then lists the different theories and theoretical foundations of domestic and foreign academic circles when determining the subject of liability.The fourth part elaborates the specific determination of the six types of motor vehicle traffic accident damage liabilitysubjects in judicial practice,mainly including motor vehicle borrowing and leasing;in the docking relationship;in employment driving;the vehicle is stolen,robbed or robbed;installment trading machine Motor car;kindly share these six situations.The fifth part analyzes the current legislative provisions and the existing shortcomings of the identification of the main body of motor vehicle traffic accident damage in China,and puts forward suggestions for improvement on this basis.