The word

Judge.

  Beijing Yinghao law firm commissioned by the accused Lee of XX, assigned me as the defendant Li XX agent in the trial of the case activities. Accept the Commission, I understand the facts to the parties concerned, have a deep understanding of this case, we based on the facts and the law make the following agents:

One, the original told me party Li XX bear joint responsibility for compensation, and no legal basis.

In the case of traffic accident, the defendant Zhao XX home in driving fault, it doesn't matter and my party.

(1) the parties to borrow the car to the accused Zhao XX, fulfilled reasonable attention obligation. Zhao XX driving fault caused a traffic accident and my party it doesn't matter, our party should not be the subject of liability.

   First of all, Zhao XX I have the traffic management department issued driver's license examination qualified, can drive a motor vehicle in accordance with the law, the parties will drive me to have a driver's license of motor vehicles, no subjective fault.

   Secondly, Zhao XX himself driving skilled, and a number of driving home experience. The accident occurred when the Zhao XX drove back to Miyun home to visit relatives, Zhao XX familiar with the road home, and no drinking and driving or other not driving a motor vehicle, our party system in the clear review these to borrow the car to Zhao XX use, and repeatedly told Caution! Party, we borrow the car fulfilled reasonable attention obligation, no subjective fault, should not become the subject of liability.

(2) the traffic accident, my party belongs to the motor vehicle has no authority, no operating profit.

   According to the "contact the risk and control of phase, should bear the risk of profit." Legal principle, determine the subject of liability for traffic accident shall follow the enjoy the disposition right of running and operation interests standard.

   First of all, our party in this case to borrow the car to XX Zhao, Zhao drive in XX during the trip, the vehicle control entirely by XX Zhao master, during my party here have been lost to the vehicle control. Therefore, Zhao XX driving error caused the traffic accident, has nothing to do with our party, our party has no right to control, of course, also should not take risks (traffic accident compensation).

   Secondly, based on my party colleagues friends feelings, free to Zhao XX use to borrow the car, no any interest at all, certainly should not take risks (traffic accident compensation).

(3) the party does not exist any vehicle running safety defects, the car purchase insurance in 2008 March, in insurance, our party has purchased insurance third party liability business, and just after two times of maintenance, mileage less than 11000 kilometers, has never been in a traffic accident, in good condition, so the vehicle management responsibility, our party does not have any fault, of course, should not assume liability to pay compensation.

Two party, I borrow the car and traffic accident no causal relationship, the liability for compensation of my party shall not bear the traffic accident.

  According to the law, tort liability should meet four conditions: the existence of the tort, damage occurs, there is a direct causal relationship between the tort and damage, subjective fault of the parties. In the present case:

  First of all, my party lending condition of vehicles, vehicle borrow Zhao XX has a legitimate license, skilled driving skills, and borrow the car without any unsafe in driving situations, our party to make reasonable attention obligation owners, subjective without any fault.

  Secondly, in the case of the occurrence of traffic accidents, Zhao XX driving fault cause, my party does not implement any infringement.

  Once again, the traffic accident is an accident, no one can foresee. Our party lending vehicle is impossible to foresee the occurrence of traffic accident. Have I party lent motor vehicle traffic accident behavior and the non existence of causation.

  Therefore, our party should not assume liability for tort consequences, should not bear the liability for traffic accident.

Three, the national spirit of the legislation is the tort compensation, our party did not commit a tort, should not assume liability to pay compensation.

   Tort liability for damages of traffic accident cases of the parties, the people's court in the trial of cases across the country dispute over compensation for traffic accident "owner responsibility" generally based on "whether the owners to make reasonable attention obligation, not faulty subjectively as the standard, the vehicle owner to borrow as much as reasonable attention obligation, no subjective fault, are not liable". Such as "Sichuan Provincial Higher People's Court of the road traffic accident damage compensation cases meeting minutes" on trial fourth second eighth provisions: motor vehicle traffic accidents, the lender (vehicle owner) of the borrower has to make reasonable attention obligation, or provide vehicles and there is no risk of traffic accidents burden, lenders do not assume responsibility; "the Chongqing Higher People's Court on the roadThe traffic accident compensation for damageThe provisions of article seventh "guiding opinions on some issues of applicable law case: borrowing another motor vehicle road traffic accident damages to others, the borrower shall bear the responsibility for compensation. At the same time is the second instance of the tort liability law "(Draft)" the fifth chapter 128th accident liability provisions of the second paragraph: the lessee, the traffic accidents caused by driving a motor vehicle, motor vehicle or borrowed by the lessee shall assume the tort liability. The lessor, the lender failed to review the lessee, borrower driving experience, physical condition is not conducive to driving safety and other factors, resulting in road traffic accidents, the lessor, the lender shall bear supplementary liability. The above law embodies the spirit of the legislation of countries.

The people's court in the trial of the spirit of the legislation of the road traffic accident damage compensate case the owner's responsibility should follow the state, for the owners to make reasonable attention obligation, should by the actual driving shall assume the tort liability, owners should not bear the responsibility.

   In summary, our party lending vehicles to Zhao XX, have exercised reasonable duty of care, there is no subjective fault, traffic accidents and my party lending behavior does not exist causal relationship, therefore, the liability for compensation I party should not bear the traffic accident. The plaintiff said requirement I party shall assume joint and several liability claims without legal basis, in accordance with the law shall not support.

The foresaid opinions, urge the judge to adopt.

                                           The agent of Beijing Yinghao lawyer: Li Yonghui

                                                YearsDay