Level Shandong Wei Bingchen law firm

   Abstract:
   This paper discusses the related problems of vehicles linked, including the types, characteristics, meaning link link, vehicle traffic accidents, responsibility linked to bear, and the suggestions on the future development direction of management.
   Keywords: link Anchored types of accident responsibility development direction

   At present, frequency of road traffic accidents in China, which poses a serious threat to the life and property of citizens and the security of the state property, the amount of traffic accident has rose from 290000 in 1986 to 45 in 2005 more than 10000 cases, the death toll from 50000 in 1986 to 2 in 2002 rose to 109000 in 2005, nearly 100000 people died, direct property loss of 1880000000 yuan. The road traffic safety law promulgated the traffic accident cases a decrease in the number of departments of mediation, the people's Court Road Traffic damage compensation dispute case increases. The affiliated vehicles as a common phenomenon in our country's special national conditions, the affiliated vehicles after a traffic accident and how to determine the subject of compensation, the affiliated person should bear civil liability, right of recourse problems undertake what kind of responsibility and responsibility to attract our attention, but China's civil law theory and practice of the affiliated vehicles damages question no more research, law does not clearly defined, the courts at all levels across the country to act as one pleases, in different regions of the court the same case may be inconsistent even very different, plus the courts throughout the country to develop various "guidance document", directly affect the impartiality and fairness sex linked vehicle damage compensation cases, shaking people's faith in the law of equity, some even serious impact on the subject of legal relationship of legitimate rights, prompted us to this problem deeply researched and discussed. The author combines the practice of justice, to talk about their views on this problem.

   One, about it

   (a) the meaning and characteristics of call

   It refers to the individual or the individual partnership funded the purchase of vehicles, in order to traffic during operation convenience, the vehicle registration for a transportation management right qualification units name, operating in the name of unit, and link it to the affiliated enterprise to pay a certain cost management behavior. Vehicles linked phenomenon is a product of vehicle operation and management process of the transition from planned economy to market economy are not standardized, the affiliated person (citizens, legal persons and other organizations, partnership) is the actual vehicle ownership, to a dominant vehicle, and enjoy the car running benefit. The affiliated person (citizens, legal persons and other organizations, partnership) is the registration management departments in the registration of a motor vehicle owners, vehicle ownership and is the name of the legal owner, dominant control and enjoy the benefits of running a certain vehicle.

   It has the following characteristics
   1, there is the name of the owner and the link between the actual owners between man and the affiliated person of.
   2, the affiliated vehicles by affiliated capital purchase, vehicle ownership of it all.
   3, be linked units do not have the ownership of four functions, namely, the use of possession, income, punishment.
   4, the affiliated person is just the name of the owner, do not participate in the operation, no income, only charge a service fee.
   5, it is affiliated with the rights and obligations between the contract agreed by the linked.

   (two) the type of link vehicle
   There are four types of common vehicle hanging households:

Private public hanging (to facilitate the presentation, the so-called "public" refers to legal persons and other organizations, "private" refers to the individual citizen or partnership), private cars, buses, private private hanging hanging bus public hanging.

Private public hanging that is linked to we often say, the so-called vehicles linked refers to the person or partnership funded the purchase of vehicles, in order to traffic operation during the convenience or other reasons, the vehicle registration for a transportation management qualification units (or other person) name, operating in the name of others phenomenon, this as the most typical vehicle hang a phenomenon.

Vehicle of affiliation is an abnormal result China under special conditions, the market economy normal requirements in transport business must have certain qualifications for transportation and the ability to bear the market risk, but has to transport the qualified enterprises and do not have much money to buy cars, on the other hand, some people have money to buy the vehicle does not have engaged in the transportation business qualification, market economy also need a certain number of qualified vehicles engaged in transportation, in the modern enterprise system has not formed under the condition of the combination of the three deformed a market economy to produce the car "--. The fact that most shipping companies are just some empty, all belong to the "people of all vehicles, traffic transportation enterprises is simply a vehicle mixture. Throughout the taxi company vehicle is the basic of all individuals, but have to be anchored in the taxi company name below can be engaged in the taxi, engaged in the transport of goods and some special vehicle operations and so. Vehicles linked phenomena to a certain extent to meet the actual needs of transportation, has brought considerable transport benefits to some units, individuals, but there are hidden dangers and problems of considerable. Recently, Shandong Province, Jiangsu province and some other provinces and cities have promulgated rules regulating and restricting vehicle link, link management and related problems of standard vehicle.

Private individuals or private hanging both individual partnership funded the purchase of vehicles because of some special reasons (in government service, and their) the purchase of vehicles registered in the name of others or in a partnership under the name of the phenomenon of management department in the motor vehicle registration, the vehicle hanging households also more common.

The bus private hanging unit or other organization funded the purchase of vehicles, to avoid the debt or vehicles exceed the standard and other special reasons, and will buy the vehicle registration in a personal name phenomenon, this phenomenon is more common hanging households.

Rare is the bus public hanging, a unit or other organization to purchase vehicles registered in the name of other units phenomenon. At the same time, the author thinks that, all the sale of vehicles do not transfer phenomenon are vehicles linked and contains over four common types. Vehicle of affiliation is illegal behavior typical inconsistent, this phenomenon not only to the management of the registration of motor vehicles has brought serious inconvenience, but also to the definition of motor vehicle property increases with many difficulties, in the form of legal cover various illegal purposes, bring greater negative effect to the traffic safety, especially linked to vehicle traffic accidents caused by another person personal injury and property loss, are very difficult to deal with the accident, resulting in damage to the legitimate rights and interests of the victim can not be fully and timely relief.
   Two, the legal relationship between the vehicle of affiliation

   (a) vehicles linked legal relationship
   1, the affiliated person: it refers to the legal procedures, access to units and individuals engaged in business activities in the name of professional freight, passenger transport enterprise.
   2, affiliated enterprises: affiliated enterprises refers to the professional transport enterprises are linked.

   (two) linked to the contract
   Between the affiliated person have been linked with the people often linked to both sides signed the contract, contract rights and obligations.
   1, linked to contract shall have content: ownership of property management right transfer vehicle, transport, use, loss of processing, provisions dealing with traffic accidents, management the rights and obligations of both parties.
   2, it should pay attention to sign contract
   (1) obtain interest in signing the contract does not show it.
   (2) shall be notary or a lawyer witness.

   (three) define the link between
   It should be defined from the property right, operation control, income distribution and other aspects of the definition of the relation.

   (four) the theoretical basis and legal basis for the legal liability of the affiliated vehicles
   1 theoretical basis, dangerous liability. 2, the compensation responsibility.
   Legal basis: the judicial interpretation of the Supreme Court.

   Three, it risks and affiliated companies may bear the civil liability

   (a) linked the existence of risk and affiliated enterprises may assume responsibility
   The affiliated enterprises may assume civil liability, joint and several liability includes 1. 2, limited liability. 3, direct liability. 4, the responsibility to advance.
   The affiliated enterprises may assume the administrative responsibility includes 1, traffic violation fines. 2, do not perform scrapping procedures, given the traffic management department of fine processing etc..

   (two) charge management fees are made to run interests
   Transport company is generally linked owners for road transport, business opening, closed and vehicle listing, stop reporting procedures; new cars tax formalities, road transport licensing, closed, closed the examination and approval procedures, the various documents procedures; pay road tax, travel tax, freight, transportation management fees, fund transport business tax and income tax as for the vehicle insurance agents;; to assist in dealing with traffic accidents and insurance claims; provide rescue service for the vehicle; vehicle types of certification organization. Including: Vehicle Management Department of the public security organization, quarterly inspection and annual vehicle driver examined, the competent departments for communications group limited. Organization of regular workers of Ideological and moral, safety education and policy learning. The transport companies to provide service for the affiliated vehicles, as affiliate units from the affiliated vehicles despite regular charge a fee, but the cost should be understood to be to provide services linked to vehicle owners to costs, rather than to benefit from the vehicle operation, so should not be considered a management fee is made to run interests.

   (three) on the way to guard against vehicles linked risk
   1, as the affiliated enterprises shall strengthen the safety education to the drivers of vehicles linked;
   2, it have been linked with the people should be careful in signing the agreement content link protocol, in affiliation agreement clearly linked people have been linked with human rights and duties;
   3, the affiliated person shall require it to provide corresponding guarantees;
   4, affiliated enterprises should pay attention to the details in the process of enterprise management, for example, try not to open the management fee bill, with the receipt;
   5, actively responding, once as a litigant, and should give attention, and actively participate in the litigation, evidence submitted in a timely manner, and actively participate in the court investigation report the facts of the case and the defense, relieved of his duty.
   6, actively prosecute recovery.

   (four) partial provinces and cities on the link and responsible
   August 20, 2004 Shandong province traffic hall of Shandong Province issued "on the strengthening of road transportation link lease contract vehicle safety regulations" explicitly: legal representative of road transportation enterprise is the first responsibility for production safety, fully responsible for the safety production, the lease contract affiliated vehicles; vehicles and drivers must participate in the insurance in accordance with the provisions of; the pilot recruitment must be in strict qualification examination and assessment; affiliated, lease contract vehicle transportation accidents, by the place the transportation enterprises responsible for the accident, transportation enterprise first line for compensation, have great responsibility of transportation accidents, according to the relevant provisions shall be the person in charge of the enterprise and direct management responsibility.
   In 2001 the Supreme Court of Jiangsu Province, in the province of Jiangsu Supreme Court civil trial work on (2001) 319 states: Jiangsu province implement part or all of the compensation liability. The Guangxi Zhuang Autonomous Region, the implementation of joint and several liability. The introduction of direct liability in Chongqing city. Sichuan Province to implement the responsibility to advance. The limited liability Tianjin city.
   In addition the Ministry of communications is also made on the basic principle of handling vehicles linked: clearing fees, normative management behavior.

   Four, the management suggestions for future directions
   In view of the current operating status affiliated vehicles, the author puts forward the following suggestions:
   1 the development of trade policies, unified norms to guide management. On the production organization form, way of handling assets, management measures, financial accounting management requirements, the provisions on the administration of service quality standards, safety, formulate specific provisions, the affiliated business along the standard way.
   2 suit one's measures to local conditions, promote the intensive operation. Conditional place should vigorously promote intensive operation, gradually reduce the affiliated vehicles operating scale and scope of business, make it play a supporting role.
   3 guide link households go enterprise, standardization of the road, to encourage households to joint reorganization, combined into a stock company or enterprise group, branch within the group is compact, there are half close type holdings, a subsidiary, is a high-speed passenger transport enterprises wholly owned, large cargo, special cargo, there are supplement by transformation of affiliated business of ordinary passenger and freight car