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On Several Issues of Civil Liabilities Arising out of Traffic Accidents by Motor-Vehicles

Author: QianFeng
Tutor: FengJuPing
School: East China University of Politics and Law
Course: Legal
Keywords: Traffic Accident Responsible Party Subject for Remedy
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 163
Quote: 2
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Abstract

Traffic accidents seem to be the inevitable adverse effect of the wide use of motor vehicles. In order to duly protect the injured party in these accidents, many countries adopted the doctrine of strict-liability in their Tort Law. The underlying theoretical basis includes the compensation theory, the perilous liability theory and loss-sharing theory.Because of the high frequency and large quantity of traffic accidents, the Chinese legislators used to find themselves in a dilemma as to whether to adopt the doctrine of fault liability or the doctrine of strict liability. Finally the latter prevailed and was applied in the Law of the People’s Republic of China on the Safety of Road Transportation (hereinafter called China Safety Law) promulgated in Oct.2003.The civil liability arising out of traffic accidents can only be imposed on the premise that a traffic accident is committed legally. This paper examines the distinctions of traffic accidents, including the highly disputed issues about how to identify a stationary vehicle and what constitute an untouched traffic accident.In the civil liability system concerning traffic accidents, the most critical point which is still not made clear in the above-mentioned China Safety Law, is to ascertain the party upon whom the compensation liability should be imposed. After studying the relative legislative practices in the EU and Japan, the author comes to the conclusion that the criterions to judge the responsible party rest on the motor vehicle itself, i.e. the standards of“operational benefit & operational control”, better than employing the ambiguous concepts of so-called“owner or administrator of motor-vehicles”.Due to the ambiguity of“operational benefit & operational control”, especially on occasions the motor vehicle is lent to others or is used on lease basis or without permission, the interpretation of“operational benefit & operational control”is usually expanded to properly protect the benefit of the injured party. This paper makes a detailed discussion on the ascertaining of the responsible party on different occasions.The party to be remedied is another aspect of the civil liability system concerning traffic accidents, in common sense the pedestrians and non-motor vehicle drivers fall in this scope. However, in case the driver, possessors or passengers are injured, whether they can get compensation from the responsible party remains a problem. In China, the difference with other countries about the compulsory Third Party Liability Insurance is that persons on the insured vehicle is not considered a third party. With reference to the relevant Japanese legal practice, the author fully analyzes the right of claim for damages that the driver, good faith passenger and joint beneficiary should have.

On Several Issues of Civil Liabilities Arising out of Traffic Accidents by Motor-Vehicles

Abstract

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