According to the risk and the control connection, who benefit risk burden principle, determination of the subject of liability for damages standards, one is disposition right of running, who on the vehicle running has the right to dominate and control, who should be the subject of liability. Two is the vested interests of the operation, namely who benefit from vehicle operation, who should be the subject of liability.
     1All autonomous driving and responsible body servant driving conditions
     All autonomous driving and Servant Employment behavior driving situations, the vehicle owner is the vehicle operation command, and run the vested interests of the people, the occurrence of traffic accidents,The owner of the vehicle shall bear the liability for damages.
      2To drive the responsibility subject case
     To drive the situation has two kinds, one is employee non employed behavior existence of the employment relationship, unauthorized driving and traffic accidents, such as employee employer to drive vehicles, company staff to drive the company car etc.,In principle still by the vehicle owner shall bear the liability for compensation, all of them assume the liability of compensation, can recover from the employee according to the employment contract with the employee. Another is that other people don't have the employment relations to driving others vehicle traffic accidents,The driver shall bear the liability for damages. All motor vehicles or custodian unless there is management flaw, otherwise do not bear the responsibility for compensation.
     3The main responsibility of rental, lending conditions
     Vehicle owners will vehicle leased or lent to others, is the interest and trust relationship independently control its right to the use of the vehicle based on, in this case, the owner of the vehicle, the lessee and the borrower is a vehicle running on the dominator, ownership is also the operation benefit. ThereforeIf a traffic accident occurs, the lessee, borrower shall bear the liability for damages, the lessor and the lender shall bear joint and several liability.
      4The main responsibility of vehicle sales did not transfer case
     The sale of vehicles not transfer is the breach of administrative rules and regulations, no causal relationship with the driving cause damage. The Supreme People's court "about serial purchase a car did not apply for transfer procedures owners whether or not the original name of motor vehicle accidents were liable for damage caused by the reply" thought:"A series of purchase a car did not handle the transfer procedures, as vehicles have been delivered, the original owner can not control the vehicle operation, also cannot benefit from the vehicle operation, it is not the original owners deal with motor vehicle traffic accidents responsibility."Accordingly, the sale of vehicles not transfer but the actual delivery vehicles, car advocate the delivery vehicle registration and lost control of the vehicle operation and business interests, so the traffic accident,By the actual control of vehicle operation or operation benefit the buyer shall bear the liability for damages, the original registration of all people should not bear the liability for damages.
     5Installment sale under the liability subject
     The Supreme People's court "about the purchase of people use the installment payment buy vehicles engaged in transportation, because of traffic accident causing the loss of property of others, to retain ownership of the approved" shall not bear civil liability clear:"Take the installment purchase a car, a seller in the purchaser paid car retains the ownership of a vehicle, the purchaser in its own name and to enter into a contract of carriage of goods and the use of the car transport, due to traffic accidents caused by the loss of property of others, the Seller shall not bear civil liability."Therefore in theTo buy people actually under the control of vehicle traffic accidents, the responsibility main body should buy people, not to retain ownership of the betrayed.
     6The main responsibility to repair or custody of the vehicle during
     Motor vehicle to vehicle repair, by all means, the vehicle has stopped running, and out of control and domination of all people. Repair factory in accordance with contract made on the control of the vehicle control. Repair plant in the test or in the vehicle traffic accident causes damage to others,Repair factory should bear the responsibility for compensation. Similarly, in the custody of the circumstances, the vehicle owner is lost to the operation of the vehicle control, therefore is not made to run interests, keeping people become dominant, if the traffic accident happened during the vehicle delivery of the deposit, the naturalBy the custodian shall bear the responsibility for compensation.
     7The main responsibility of theft driving conditions
     The Supreme People's court in the "reply about the stolen motor vehicle after the accident who is liable for damages" stipulated explicitly in:"Motor vehicle accidents using theft, cause material losses of victims, the party shall be liable for damages in accordance with the law, all the stolen vehicle does not assume liability to pay compensation."Attention should be paid to implementation is, regardless of vehicle owners for the management of the vehicle has no improper or defective, stolen vehicle after the accident,Vehicle owner shall not bear the liability for damages.
     8The vehicle was the main responsibility under pledge
     The vehicle as the subject matter are pledged, the vehicle owner to lose to the vehicle possession, control, operation control and operation is no longer the vested interests of the people,If a traffic accident happened here, all people should not assume liability to pay compensationAccording to determine the responsibility main body, vehicle use.
     9The vehicle contract, the circumstances of the responsibility subject
     Automobile transportation company, enterprise contract management, vehicle contracted out to individuals or enterprises, the contract fee is charged, the owner of the car will be on the vehicle's control over to others. He is still the dominant and operation interests of vehicle ownership, the contractor has the traffic accident, the employer should bear the liability for damages. ThereforeThe Contractor under the control of the actual vehicle traffic accidents, the employer, the Contractor shall bear joint and several liability for damages.Similarly, the taxi owners signed contracts with the taxi company, the owners actually control the taxi operation, and benefit from the vehicle operation, car rental companies charge fee contract. During the contract term, taxi traffic accidents, contracted by the owners to bear the liability for damages, the taxi company shall bear joint and several liability.
     10The main responsibility linked case
     The so-called ", refers to the vehicle for the individual purchase, but in order to obey the local vehicle management requirements or transport business needs, and vehicles linked to a transportation company. Taxi calling taxi company operation, compensation for the use of company tender, vehicle traffic accidents, byThe owner shall bear the liability for damages, the taxi company shall bear joint and several liability. If the main taxi comes with the vehicle, and own tender affiliated taxi companies, taxi companies only charge a service fee, vehicle traffic accidents,The owner shall bear the liability for compensation, the leasing company shall be jointly and severally liable in charge management fees from the total range. Freight vehicles should also refer to the principle of treatment.

In the car owner should not assume liability to pay compensation situation

(1) the installment and the retention of title in the sale of vehicles;

(2) theft;

(3) general lease, lend, subcontracting;

(4) other vehicles do not transfer.

Traffic accident damage compensation liability principle
    "The people's Republic of China Road Traffic Safety Law" seventy-sixth paragraph (two) regulations, motor vehicle and non motor vehicle traffic accidents, between the pedestrian, the motor vehicle shall bear the liabilities; but there is evidence that non motor vehicle drivers, pedestrians in violation of road traffic safety laws and regulations, motor vehicle drivers have take the necessary measures to dispose of, reduce motor vehicle liability side. The losses of the traffic accident is caused intentionally by the non motor vehicle drivers, pedestrians, motor vehicle shall not bear liability.In accordance with the provisions of this article, our country road traffic accident damage compensate to apply the principle of no fault liability, damage compensation liability is not established in the vehicle owner or the driver of a fault of the elements, the owner or the driver of one party cannot prove that he has no fault and won the exemption. But the application of the principle of no fault liability does not exclude the application of the principle of fault offset. The basic meaning of the principle of no fault liability is the victim without proof that the actor has fault, behavior person nor its own no fault as the exemption and mitigate liability defenses, but it is not considered the fault of the victim, the victim is at fault for damage, can reduce the harm and compensation liability.If both parties are at fault conditions, even if the victim has gross negligence, the liability for compensation in accordance with the principle of contributory negligence can only be appropriate to reduce the vehicle side, can not be exempted from the liability for compensation, but not the judgment of fault offset and then request the victim compensation for a vehicle side the loss. In the case of compensation for traffic accident damage, to correctly deal with the traffic control department of the public security responsibility. The traffic control department of the public security responsibility cognizance is actually the analysis of traffic accident causality, is a confirmation of the cause of traffic accidents. To avoid the traffic control department of the public security responsibility sharing equal to civil liability, should be identified as the party responsible or confirm the important evidence victim one party is at fault, to apply the principle of fault offset.

"The people's Republic of China Road Traffic Safety Law"

Seventy-sixth where a motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions:

(a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility.

(two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce liability light motor vehicle party according to the degree of fault; the motor vehicle shall not fault, shall bear the liability for compensation of not more than ten percent.

The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation.

A:

Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case

Article eighth the legal representative of the legal person or other organization, the people responsible for the people and the staff in the performance of their duties, causing the damage, in accordance with the provisions of the general principles of the civil law article 121st, the legal person or other organization shall bear civil liability. The implementation and post irrelevant behavior causes damage to others, shall bear the liability for compensation by the behavior.

Article ninthDamages caused by employee engaged in employment activities, the employer shall bear the responsibility for compensation; employees due to gross negligence or intentional damage,It shall bear joint and several liability with the employer. The employer shall bear joint and several liability, can claim compensation from the employee. 　

A report of two:

Reply of the Supreme People's Court on a series of purchase a car did not handle the transfer procedures owners whether or not the original motor vehicle traffic accidents responsibility

2001.The people He Zi No.32No.

The Jiangsu Provincial Higher People's court:

You Institute "about serial purchase a car not handle the transfer procedures, the original owners ask" whether to motor vehicle traffic accidents were liable for damage caused by the receipt. From the point of view that:

A series of purchase a car did not handle the transfer procedures, as vehicles have been delivered, the original owner can not control the vehicle operation, also cannot benefit from the vehicle operation, it is not the original owners deal with motor vehicle traffic accidents responsibility. However, a series of purchase a car did not handle the transfer procedures, in violation of the relevant administrative regulations, shall be governed by the provisions of the adjustment.

Official Reply of the Supreme People's Court on a stolen motor vehicle accident who is liable for damages problem

Method (release1999)13No.)

The Henan Provincial Higher People's court:

You Institute "about the stolen for" motor vehicle accident after the accident flight who bear the liability for damages has been received. Through research, the following reply:

Motor vehicle accident using theft, cause material losses of victims, the party shall be liable for damages in accordance with the law, all the stolen motor vehicle is not liable for damages

"The Supreme People's Court on the purchase of people use installment purchases of vehicles in the transport because of traffic accident causing the loss of property of others, keep the approval shall not bear civil liability of vehicle ownership"

December 8, 2000

Sichuan Provincial Higher People's court:
You (1999) Institute of Sichuan high Law No. 2 "on the installment, the retained ownership of vehicle sales contract during the transportation of the goods to buy party causes losses to others the use of the vehicle, the seller should bear civil liability for" receipt. Through research, the following reply:
Take the installment purchase a car, a seller in the purchaser paid car retains the ownership of a vehicle, the purchaser in its own name and to enter into a contract of carriage of goods and the use of the car transport, due to traffic accidents caused by the loss of property of others, the Seller shall not bear civil liability.

"Approach to road traffic accidents" (State Council 1992Year January 1stImplementation, has been abolished)

Article thirty-first: traffic accident responsibility for the loss caused by traffic accident, it shall bear the liability for compensation.The driver of the motor vehicle liability is temporarily unable to compensation, the driver unit or person responsible for all motor vehicles. However, the driver of the motor vehicle traffic accidents in performing duties, responsible for the traffic accident responsibility, by the unit of the driver or owner of the vehicle shall bear the responsibility for compensation; the unit of the driver or vehicle all people in compensation for the losses, to recover part or all of the cost driver.

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