Deck of traffic accident responsibility (path loss case 8)

Sun Guoying v. Lu Qiangyi cases of compensation for personal injury in road traffic accidents
(deck of traffic accident liability)

(a) first
1 judgments name
A judgment: Guangzhou Huadu District People's Court (2006) spend method people first No. 1657th.
The second instance verdict: Guangzhou City Intermediate People's Court (2007) spike French people with the word no. 626th.
2 cases: dispute on road traffic accident compensation for personal injury.
The 3 parties
Plaintiff: sun state.
Defendant: Lu Qiangyi.
4: the second instance trial level.
5 judicial organs and the judicial organization
The court of first instance: Guangdong Province Guangzhou Huadu District People's court.
Sole judge personnel: Acting judge: Dragon tea.
The court of second instance: Guangdong Province Guangzhou City Intermediate People's court.
The collegial panel: judge: South Korea; Acting judge: Zhao Sheng, Chen Yixian.
The 6 time
The trial concluded: November 21, 2006.
The second time: September 27, 2007.
(two) the first instance plea that
The 1 plaintiffs
The afternoon of August 11, 2006, the plaintiff in Huadu District of Guangzhou City, piedmont Avenue Shiling Town Flower Field farm road is Guangdong AD1275 car into seriously wounded, by the driver with the vehicle will be the plaintiff to Shiling Huadu District Guangzhou city hospital rescue. In the hospital rescue, the driver drove away. The plaintiff the hospital after being out of danger after hospitalization, no money to hospital discharge in September 6th of the same year, returned to his home in Shangshui County eight town hospital. Because there is no money to advance medical expenses in October 8th of the same year go home. The two times of hospitalization diagnosis: left lower extremity amputation. The total cost of 10 305.20 yuan for medical expenses. At the left lower extremity amputation wound healed, still need to continue treatment, but also need to install artificial limb, the plaintiff is not continue to advance medical expenses and prosthesis installation cost capacity. The accident by the Huadu District of Guangzhou City, the traffic police department, determine the accused of road vehicles, so the defendant should bear civil liability. Accordingly, the plaintiff requests the court to order the defendant to pay in advance: medical costs 10 305.20 yuan.
The 2 defendants argued that
The defendant never buy a car, no driver's license, Guangdong AD1275 vehicles in the registration data is shown on the pickup truck, and the car since 1998 have not examined, according to the statement of the vehicle is a white van, car registration and Guangdong AD1275 number is not the same. Therefore, the car is the vehicle deck. The plaintiff did not alarm in time when the accident occurred, causing the driver to escape, the plaintiff also have the responsibility to. This case and the defendant does not have any relations, request the court to ascertain the facts make judgments according to law.
(three) the facts and evidence
Guangdong Province Guangzhou Huadu District People's court by the open court found: August 11, 2006 14, anonymous Guangdong AD1275 driving a small passenger car to spend manpower tricycle field Farm Road and the stampede in Guangzhou Huadu Shiling Town Piedmont Avenue collision, caused by injured plaintiffs and two damaged the car accident. After the accident, anonymous driving Shiling Huadu District Hospital of the vehicle to the plaintiff to Guangzhou City, hit and run.
The accident by the Guangzhou Municipal Public Security Bureau Traffic Police Detachment Huadu group treatment, the team made the ear bus flowers in September 20, 2006 to read [2006] No. D402542 "traffic accident", that could take full responsibility for the accident, the plaintiff does not assume responsibility for the accident.
After the accident, the plaintiff is sent to the Shiling Huadu District Hospital of Guangzhou city hospital to hospital in September 6th of the same year, a total of 26 days of hospitalization. The plaintiff when discharged, the hospital diagnosed as left thigh amputation injury and hemorrhagic shock. Therefore, the plaintiff to medical costs 7 810.45 yuan.
September 8, 2006 to October 8th of the same year, treatment in Shangshui County of Henan Province, the plaintiff to Ba Cun Zhen Department of orthopedics hospital, a total of 30 days of hospitalization, medical expenses and costs 2 471 yuan. When discharged, the hospital diagnosed as left lower limb amputation. Recommendations: hospital dressing observation; antibiotics; to check.
The other is found out, the vehicle was a white twelve minibuses, suspension and Guangdong AD1275 plate. The vehicle files, Guangdong AD1275 vehicle registration for white Changan brand light railing van, the registered owner for the defendant Lu Qiangyi, the car registered in March 30, 1987, the test is valid until May 15, 1998, the vehicle state has been written off, did not deal with end-of-life procedures, nor fill do over the plate and the driving permit.
In November 3, 2006, the Institute for traffic police detachment of Guangzhou City Public Security Bureau Huadu Group, as the vehicle of the Advisory team. The team in November 6, 2006 letter from the school, the main contents are: (1) according to the state and to witness the sun Shiling hospital witness inquiry, the vehicle is a white twelve minibuses used Guangdong AD1275 plate. (2) Guangdong AD1275 license plate vehicle registration for white Changan brand light railing van, use of Guangdong AD1275 plate in this case the car should be a set of (false) brand cars, car owners not seized the perpetrators and.
In the trial, the plaintiff defendant is Guangdong AD1275 license plate vehicle owners, the car has spent the time, but the defendant did not apply for any scrap procedures, the defendant has no evidence to prove no fault and not vehicle all people, shall bear the liability of compensation. The defendant that he never bought the vehicle, no number plate for Guangdong AD1275 vehicles, scrap handling procedures and their own.
(four) for a trial
Guangdong Province Guangzhou Guangzhou Huadu District People's court held that: anonymous after a traffic accident, the plaintiff sent to hospital after driving away, in violation of the relevant provisions of our country road traffic law, therefore, anonymous should take full responsibility for the accident, the plaintiff shall not bear the responsibility. The traffic police department to assume full responsibility for the accident was identified, the plaintiff does not assume responsibility for the accident is appropriate, be adopted.
According to the "Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case"Regulations, combined with the medical treatment, the medical fee loss has occurred for 10 281.45 yuan.
Because the vehicle for the use of Guangdong AD1275 plate white twelve minibuses, and Guangdong AD1275 license plate vehicle registration for white Changan brand light railing van, so, for the vehicle traffic police department proposed to clone car identification, be adopted.
In general, bear civil liability for the owner is vehicle traffic accidents caused by the loss, mainly based on "operation control and operation interests" theory. First of all, the owner as the owner of the vehicle, has the right to dominate and control the operation of the vehicle. According to the "risk control theory", "who will be able to control, reduce the risk of responsibility" principle, as the dominant control of the owners of vehicles, which bear the responsibility of compensation for traffic accident damage, can maximum limit to prevent and reduce the occurrence of danger. Secondly, the owner as the owner of the vehicle, can benefit from the vehicle operation, according to the reward theory, "who benefits, who bears the risk" to enjoy the benefits of the owner is liable for damages in accordance with the law philosophy of justice. In this case, because the vehicle was clone car, apply the Guangdong AD1275 plate, so the defendant no running rights on the vehicle, if the operation control theory requires the defendant to fake the number plate of the vehicle traffic accidents caused by the loss of based on civil liability, unfair; again, there is no evidence that the defendant material in the process of being deck obtains relevant interests or the defendant enjoy interests in the operation process of the clone car in the vehicle, and the existence of the clone car did not know, so it requires the defendant to the clone car traffic accident shall bear civil liability for compensation is not in conformity with the fairness and justice in the legal philosophy. Therefore, the plaintiff asked the defendant to compensate the loss of reason not established, shall not support.
(five) a validation case conclusion
Guangdong Province Guangzhou Huadu District People's court in accordance with the "PRC Civil Procedure Law," the first paragraph of article sixty-fourth, "Several provisions of the Supreme People's Court on evidence in civil litigation"ArticleArticle two, "The general principles of the civil law of the people's Republic of China"ArticleArticle one hundred and sixThe provisions of second, make the following decisions:
Dismissed the plaintiff Sun Guoying's claim.
(six) the second situation
The 1 instance plea that
(1) the appellant claims
1) to rescind the original judgment; 2) confirm Lu Qiangyi Department of Guangdong AD1275 the vehicle owner; 3) judge Lu Qiangyi shall bear civil liability for compensation, pay in advance the 10 305.20 Yuan medical expenses.
The appeal for the following reasons: 1) the number plate of the vehicle owner to Lu Qiangyi. Because of the traffic accident is broken left leg, the driver is criminal escape, but according to the traffic of civil law, the obligation of reparation is the owner shall bear civil liability with the driver. The case has been identified in the first instance: first, read the D40254 [2006] bus flower spike number "traffic accident" that Guangdong AD1275 the owner of the Lu Qiangyi; second, the public security traffic management vehicle record that Guangdong AD1275 registered owner of a vehicle for Lu Qiangyi, the sale of vehicles transfer hand Xu Qiquan, Lu Qiangyi is that people purchase a car. The vehicle registration certificate, this car in March 30, 1987 registered, the test is valid until May 15, 1998, mandatory retirement period of March 30, 2002. The vehicle state has been written off, the car did not apply for retirement formalities, the vehicle license plate and other formalities are owners Lu Qiangyi hands. 2) Lu Qiangyi shall bear joint and several liability in the case according to law. The court of first instance though that traffic accident responsibility, but no cognizance of joint and several liability accident owners Lu Qiangyi according to law. Oral defense court of first instance error admissible Lu Qiangyi, traffic police speculated that adoption of clone car, error description and the use of "owners and the interests of" responsibility, "the presumption of loss and its number plate of the vehicle traffic accidents caused by the bear civil liability is unfair", "and the existence of the clone car did not know", did not conform to the legal concept of justice as fairness, rejected the claim is a wrong decision. Lu Qiangyi system waterway lifting salvage company transport workers, a motor vehicle driver's license, can be presumed to transport are familiar with and love. The Public Security Department of the vehicle with the publicity effect that evidence, it proved stronger than Lu Qiangyi not bought the vehicle the oral defense, can prove that the Guangdong AD1275 owner is Lu Qiangyi. The Guangdong AD1275 vehicle vehicle has been cancelled, but the owners Lu Qiangyi not according to the Guangdong AD1275 vehicle scrapping scrapping plate, will be in accordance with the law, without driving license vehicle procedures to be turned over to the vehicle management department, was canceled in accordance with the law on the license, driving license. So we can prove that, Lu Qiangyi has its own Guangdong AD1275 vehicle illegal transfer and use. This proves that Lu Qiangyi on fault behavior owned vehicles management in Guangdong AD1275 vehicle and vehicle loss result in harm to the society, its harm results directly to the left thigh from traffic accident break escape the consequences of the crime, Lu Qiangyi should due to the fault and illegal and their consequences shall bear civil liability.
(2) respondents argued that
Agreed to a trial, it does not have a driver's license, will not drive the car.
The facts and evidence in 2 second
Guangdong Province Guangzhou City Intermediate People's Court of the first instance court, confirm the facts and evidence.
3 two trial reason
Guangdong Province Guangzhou City Intermediate People's court think: "Regulations" provisions of the first paragraph of article ninety-second of the people's Republic of China Road Traffic Safety Law: "after a traffic accident party escape, escape take full responsibility for the party. However, there is evidence that the other party has fault, liability may be reduced." In this case, after a traffic accident, the unknown Sun Guoying admitted to the hospital after driving away, therefore, according to the above provisions, anonymous should take full responsibility for the accident, sun state does not assume responsibility for the accident. The focus of this controversy is whether: Lu Qiangyi because of the traffic accident and the sun state shall bear the liability for compensation?
Although the traffic police department registration data confirm, Lu Qiangyi Guangdong AD1275 small car registered owner, but the car for the Changan steeplechase van, but Sun state and relevant witnesses confirmed, the vehicle for the use of Guangdong AD1275 plate white twelve minibuses, therefore, two car while using the same license plate number, but not the same vehicle, the existing evidence that Lu Qiangyi is not the owners of vehicles.
　　The vehicle used in Guangdong AD1275 license plate, the plate may be true, and it may also be forged false license plate. If the license plate is falsified license plate, the Lu Qiangyi no and the vehicle, apparently without causing the sun state person damage on the vehicle shall bear the liability for compensation, even if the license plate for true license plate, although Lu Qiangyi do not have time for vehicle scrapping procedures, fault on the license plate of the loss, but because the use and transportation the occurrence of the accident vehicle license plate and no causal relationship, and no evidence of Lu Qiangyi practical dominance or can benefit from the vehicle running on the vehicle, so the sun state accordingly Lu Qiangyi liability, also there is no factual and legal basis.
Two and 4 case conclusion
Guangdong Province Guangzhou City Intermediate People's court in accordance with the "PRC Civil Procedure Law" article 153rd (a) of the Convention, made the following decision:
Dismiss the appeal, upheld the.
(seven) interpretation
The focus of this controversy is whether the vehicle used by Lu Qiangyi Guangdong AD1275 plates in traffic accidents and bear the liability of compensation for Sun Guoying, which leads to a problem:The registered owner of traffic accidents on the use of the same number of vehicles should bear the responsibility for compensation? The author thinks, the registered owner of the vehicle from the same plate is knowledge, and whether the accident causation and other specific aspects, combined with the "risk control theory", "operation control and operation interests" theory to analyze.
In general, bear civil liability for the owner is vehicle traffic accidents caused by the loss, mainly based on "operation control and operation interests" theory. First of all, the owner as the owner of the vehicle, has the right to dominate and control the operation of the vehicle. According to the "risk control theory", "who will be able to control, reduce the risk of responsibility" principle, as the dominant control of the owners of vehicles, which bear the responsibility of compensation for traffic accident damage, can maximum limit to prevent and reduce the occurrence of danger. Secondly, the owner as the owner of the vehicle, can benefit from the vehicle operation, according to the reward theory, "who benefits, who bears the risk" to enjoy the benefits of the owner is liable for damages in accordance with the law concept of fairness, justice.
Therefore,If the registered owner of the vehicle to use the same number, the registered owner of the vehicle using the same number of actual control, domination, then, vehicle traffic accidents have a certain causal relationship and the registered owner, no matter the registered owner to use the same number of vehicles in operation is benefit, the registered owner still deal with the vehicle in operation of the loss caused by traffic accident liability. However, if the registered owner of the same license by other vehicles use knowledge, is the registered owner of the vehicle running can not control, but can not benefit from the vehicle, there is no causal relationship between traffic accident and the registered owner, if the requirements of the registered owner therefore bear civil liability, unfair.
In this case, Lu Qiangyi to apply Guangdong AD1275 number plate of the vehicle did not know, no running rights on the vehicle, and no evidence shows its profit, in the vehicle running process therefore, asked Lu Qiangyi on vehicle traffic accidents shall bear civil liability for compensation is not fair legal idea. Furthermore, the vehicle used in Guangdong AD1275 license plate, the plate may be true, and it may also be forged false license plate. If the license plate is falsified license plate, the Lu Qiangyi no and the vehicle, apparently without causing the sun state person damage on the vehicle shall bear the responsibility for compensation; if the license plate for true license plate, although Lu Qiangyi do not have time for vehicle scrapping procedures, fault on the license plate of the loss, but because the use and transportation the occurrence of the accident vehicle license plate and no causal relationship, so Sun Guoying asked Lu Qiangyi assume liability to pay compensation, there is no factual and legal basis.