A, motor vehicle driver

   Motor vehicle driver is to bear the main subject of road traffic accident damage compensate responsibility. The operation of motor vehicles on public roads and causes damage to others,Be recognized had the traffic accident responsibility drivers shall bear the civil liability for tort. In general cases,The liability of traffic accidents is drivers(Of course,As the other party,Such as pedestrian violation caused a traffic accident except),Therefore,The driver is to bear the main subject of road traffic accident damage compensate responsibility. But is under any of the following circumstances,Motor vehicle driver for the damage caused by motor vehicles do not bear civil liability:

   The first,Motor vehicle driver units in the implementation of duties and causes damage to others. According to the Supreme People's court "on the implementation of the general principles of the civil law '' opinions(Trial)"Article152The provisions of article,Liability for damages caused by the driver motor vehicle driver unit shall bear,And the driver is not the victim shall bear civil liability for compensation.

   Second,The driver is the owner of the vehicle(The car)Hired. The Supreme People's court "on the application of the civil procedure law '' opinions on several problems of" article45The provisions:"Individual industrial and commercial households, rural contracting households, partnership hired personnel in the employment contract in the production and operating activities and causes damage to others,The employer is the litigant". From the above provisions of judicial interpretation of the situation,Employers hire drivers in performing duties in accordance with the contract of employment or transport causes damage to others,The employer shall bear the liability for civil compensation,Drivers do not bear civil liability. Of course,The unit of the driver or vehicle all people in damages after,To recover part or all of the cost driver. But as the road traffic accident victims cannot directly to the motor vehicle driver to claim damage compensation claim. The unit of the driver or the owner of the vehicle in compensation for the loss of recourse to the driver,This is another legal relationship,Compensation and the road traffic accident damage does not belong to the same legal relationship.

Two, the unit of the driver and the vehicle owner

   According to the "general rules of the civil law" article43And the Supreme People's court "on the implementation of the general principles of the civil law '' opinions(Trial)"Article152The provisions of the spirit,The driver of the motor vehicle traffic accident occurred in performing duties and causes damage to others,All the unit of the driver or vehicle shall bear the liability of compensation.

   But,All the traffic accidents by the owners to bear the liability for compensation is obviously unfair. According to international practice or practices,To determine the vehicle owner liability is based on the operation control and operation interests belonging. According to this principle,Determine the vehicle owners and drivers responsibility has the following several cases.

   (a), determine the borrowing, hire other motor vehicle liability accident compensation.

In borrowing, hire others motor vehicle accident situations,Should be to determine the main responsibility of traffic accident liability according to motor vehicle operation control principle and operating profits belonging. In the general case,In the motor vehicle owner motor vehicles will be legally transferred to others for sometimes,Motor vehicle legal possessor has become the motor vehicle operation control and operation benefit. Therefore,Lessee, borrower shall bear the liability for compensation. Except the following,By the owner is responsible for:

   1The parties have agreed otherwise;

   2Everyone knows the vehicle fault is the transfer of possession;

   3Knowing that the borrower, hire people without driving qualifications and skills;

   4Rent, the borrower is its staff or family members;

   5Car rental, profit for the purpose of car rental company. The liability for traffic accident caused by the lessor and the lessee is operation control and operation vested interests of the people,The two sides should be jointly and severally liable for compensation,And should be more appropriate to the lessor.

   (Two)Vehicle traffic accidents, the responsibility of stolen bearer.

   Theft of motor vehicle accidents,Who should bear the responsibility,Especially the thief to lack of capacity to pay should be how to deal with?Thief escaped in the traffic accident,Unable to bear the responsibility should be how to deal with. In the1999Years ago,Scholars have different views. A kind of viewpoint thinks,All the people keep the vehicle to vehicle fault to identify whether,If there is negligence,Should bear the responsibility;If no fault,Do not assume responsibility. Bear the responsibility,And the thief joint responsibility. Another view,In this case by driving a vehicle thief shall bear the responsibility for compensation. Thief escaped not compensation or payment ability can not be less than the full compensation,The owner of the vehicle to advance,In order to make the victim get relief in a timely manner. This problem1999Years6Month18Day of the Supreme People's court"About the stolen motor vehicle accident who bearReplied "problem of liability for damages made clear provisions,Motor vehicle accident using theft,Cause material losses of victims,The owner shall bear the liability for compensation according to law,All the stolen motor vehicle shall not bear the responsibility for compensation. This provision is correct. Because,Vehicle theft,The vehicle owner has been a loss of vehicle operation control and operation benefit attribution,And itself has caused a loss of interests,Let the vehicle owner responsibility,From the theoretical sense.

    (Three)Others, unauthorized use of motor vehicle traffic accident responsibility.

Unauthorized use of another vehicle traffic accidents,How to bear the liability for compensation,Advocates also have different. Some advocated by the unauthorized use of human responsibility,Some advocated by the vehicle owner responsibility. We think,Without the vehicle all people agree that unauthorized use of someone else all vehicles,The objective and auto theft similar,So we should and auto theft caused by traffic accidents are the same rules apply treatment,According to the Supreme People's court shall"About the stolen motor vehicle accident who bearReplied "problem of liability for damages treatment.

    (Four)The traffic accident, because the vehicle fault responsibility.

    The traffic accident happened because of the vehicle fault liability,Should follow the following rules:If the fault is found before operation,Or failure during operation,Failure due to traffic accident,All vehicles should bear the responsibility. Because the vehicle all people have to keep the vehicle in good condition of obligation. If the vehicle has obvious fault due to the driver not found,Or its failure to exclude from the traffic accident,Vehicle all people have the right to claim compensation against the. If the structure, design problems,The driver could not be found or expected,Thus causing traffic accidents,Say from nature,Quality problems which belongs to the field of automobile products,The victim may require a compensation from the owner of the vehicle,Also requests compensation directly from the manufacturer,Or to the two party claim for compensation.

In addition,The author thinks that,The unit of the driver or owner of motor vehicle borne in certain situations"Pay in advance","Advance"Liability with the road traffic accident damage compensate responsibility to distinguish. The unit of the driver or the owner of the vehicle only assume a prepaid liability,Not the compensation responsibility. In addition to perform duties,The unit of the driver or the owner of the vehicle on the driver's temporary inability to compensation,It just take"Advance"Responsibility,It is not a liability. In the judicial practice,Many courts tend to the unit of the driver or the owner of the vehicle shall only bear"Pay in advance","Advance"Responsibility,While the decision of its liability for traffic accident,This is improper,It is also against the spirit of the legislation.

Three, the actual owners and the name of the owner is not consistent with the

   Motor vehicle owners and owners of the actual name of the inconsistent case,Traffic accidents,By both parties shall be liable for compensation in common. In recent years,There are many in the name of others to purchase vehicles,And for the vehicle registration situation,Especially for"Social control"Vehicle,The actual owner and the name of the owner is not the same phenomenon. This case,Motor vehicle traffic accident,Should first by vehicle,The traffic accident responsibility(The actual owner)Bear the responsibility for compensation,But because of the name of the owner to lend his name,According to the spirit of the Supreme People's Court on the judicial interpretation of the,It shall bear joint and several liability. But also want to pay particular attention to the following:

    (A)Many times, the transfer did not handle the transfer formalities of traffic accident.

    In our country,Vehicle transfer is not normal,According to the relevant provisions,The vehicle must apply for registration of change of ownership transfer,Otherwise,The deal is not protected,Invalid transactions. On the economic compensation for the accident vehicles transfer not transfer,The Ministry of Public Security Traffic Management Bureau in1990Years11Month28Japanese have a reply. The approval of motor vehicle property transfer has special requirements,That must be the automobile trading market and owned by all the people or vehicles units promptly to the local vehicle management authority for the registration of transfer of ownership,Not fulfilling the above two procedures of the transaction,Should be regarded as invalid,After the accident,By those responsible for the accident and vehicle owner or the unit responsible for damages. The approval of the following problems1From the legal effect of speaking,The approved even ministries regulations are not,Applies only to the traffic police damages for mediation,The people's court may not apply.2The transfer of vehicles not to transfer registration and after the accident,All by accident responsibility person and vehicle owner or the unit responsible for the damage compensation is not reasonable. Because it is against the principle of operation control and operation of the ownership interests. In practice,Some vehicles have been sold or sold several times over the years,Do not apply for the registration of transfer of ownership,The owner of the vehicle has already lost the operation control and operation interests,Re liability held by him is unfair and unreasonable. Therefore, the Supreme People's court in2001Years12Month31On the Jiangsu Provincial Higher People's court "about serial purchase a car did not handle the transfer procedures,The original owner of motor vehicle traffic accidents responsibility request the letter said ":"A series of purchase a car did not apply for transfer procedures,The original owner can not dominate the auto operation,Don't get benefits from the car in the operation,It is not the original owners deal with motor vehicle traffic accidents responsibility. But,Purchase a car without chain transfer procedures for the behavior,In violation of the relevant administrative regulations should be subject to the provisions of regulation". According to the judicial interpretations of the Supreme People's court,We can see clearly,Not transfer procedures for the original owners of motor vehicles sell after the occurrence of traffic accidents is not liable for damages.

   (two), hire purchase of vehicles

    Hire purchase vehicles,A seller in buy side car is paid off before although the vehicle ownership reservation,But the seller(The owner of the vehicle)Transportation accidents causing the loss of property of others to buy people buy cars,The owner of the vehicle(The seller)Do not assume liability to pay compensation. In this case,The exemption according to the vehicle owner is the Supreme People's Court of law interpretation[2002]38"On the purchase, use of installment payment buy vehicles in the transport because of property losses caused by traffic accidents in maintaining vehicle ownership of approval shall not bear civil liability.",The "reply" clearly defined:"Take the installment purchase a car,A seller in the purchaser in its own name a contract of carriage of goods and the use of the car transportation,Due to traffic accident property loss to others,The Seller shall not bear civil liability". The Supreme People's court is the judicial interpretation is in accordance with the law principle of equity,Also reflects the civil subject of rights and obligations of the relative legal spirit,Because this case vehicle all people can't actually control the vehicle operation,Don't get benefits from the car in the operation,So it will not bear does not enjoy the rights and duties,For people in the transportation of traffic accidents have no obligation for compensation.

   (three), motor vehicle linked units

    Motor vehicles linked units in practice,There are a lot of private motor vehicles are often anchored in the unit name,Such as personal vehicles were purchased for rental,Usually the vehicles linked in the taxi company,So the Department of registration,The owner is the taxi company,But the actual owner is the person. The traffic accident happened in this case,In addition to the actual owner(Is usually the driver)Bear the responsibility for compensation and,Affiliated units shall bear joint and several liability,This is mainly on account of linked units usually charge a management fee,Some of the benefits obtained from the affiliated vehicles,Therefore,According to the subject of civil rights and obligations of the relative principle,The affiliated vehicle traffic accident should bear joint and several liability or the corresponding civil liability for compensation. Affiliated to the affiliated vehicles accidents should not assume joint responsibility for compensation,In this case,The actual owner shall be liable to bear alone,Only in this way can reflect the rights and obligations of the principle of relative etc..

    In a word,Accurately identify the subject of compensation for damage in road traffic accident,Is the basis of correctly handling the cases of compensation for traffic accident damage,I hope to pass to the main road traffic accidents compensation discussion and research,The relevant departments and personnel to deal with cases of road traffic accident damage compensation help.