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Research on Subject of Responsibility and Apportionment of Tort Liability in Motor Vehicle Traffic Accident in Tort Law

Author: HanWen
Tutor: XieZuo
School: Wuhan University of Technology
Course: Civil and Commercial Law
Keywords: Object responsibility Responsible behavior Responsibility for Shared responsibility Public and private law standards
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 264
Quote: 0
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Abstract


Motor Vehicle is a typical special infringement. As the complexity of motor vehicle accidents and diversity, both in theory and judicial practice are present problems to be solved. Among them, the most central, but also the most confusing judicial practice mainly Bian two major problems: First, the main traffic accident liability issues identified, two motor vehicle accidents is the responsibility of the persons responsible for the distribution between the issue. Although China's legislation on compulsory traffic accident liability required by law, but because of uncertainty required, resulting in judicial practice indiscriminate Branch main responsibility, 'the main responsibility for the phenomenon aggravated. In theory, the main responsibility for the identification concerning a tort liability constitutes a theory, how to take responsibility for tort liability involved in how to share between the main theories. To identify the main responsibility for its part, despite the introduction of some Western security theory, however, because Paul was judged by the standard of the fuzziness and the theoretical basis of motor vehicle traffic accident responsibility - protecting the weak, as the risk of liability under the domain and the \Safety Law \of responsibilities, but responsibility morphological focus is external representation of shared responsibility, and how to share responsibilities between the principal legal basis and specific sharing criteria are rarely discussed, even more important is the number of shared responsibility between the persons responsible basically in the absence of the state. In view of the above problems, this paper protection of legal interests and freedom of action equitable tort law concept, combined with the legal basis of accident liability and accident classification legislation to new responsibilities and behavior responsibility object binary paradigm anchored the machine motor car accident liability constitutes a shared integration studies. In this paper, clear criteria will be compulsory traffic accident liability into an object responsibility and behavior responsibilities. Object responsibility refers vehicle owner or manager shall bear the responsibility of its basic responsibility is a violation of the motor vehicle safety obligations exchanges or other legal obligation to pay high insurance liability arising; behavior responsibility refers directly caused by motor vehicle Accident damages, the perpetrator is responsible for his own conduct basic rules of the modern civil law. Objects usually bear the main responsibility for fault liability, the main responsibility, as the behavior of the other traffic types, respectively assume liability. (The servo motor vehicle) and the no-fault liability (between motorized and non-motorized); Under current legislation, through the \identification system, different types of body according to different principles to determine whether imputation bear responsibility. Shared responsibility, but also responsibility and acts as an object bipartite structure anchored responsibility, shared responsibility for the accident to be typed in. According object responsibilities between the responsibilities of different combinations of behavior, and different kinds of main obligations owed to its violation, will be presented in different traffic accident liability is joint and several liability liability form, supplementary liability and joint and several liability is not really in the main between reasonable risk-sharing, and ultimately to meet the balance of interests, the demands of distributive justice.

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