The traffic accident vehicle the lessor or the lender shall compensate for the losses

  • Created:
  • / Author: Aaron Lewis
  The citizen's right to life is the most fundamental civil rights, China's "constitution" and the relevant laws are embodied in the basic principle of legislation. As the most basic law "to protect the civil rights of the general principles of the civil law" stipulated in Clauses in life, the right to health, invaded the violation of civil liability for harm shall. "Criminal law" is key to protect the rights of life and health of the crime should be punished. In this paper, the traffic accident vehicle civil cases in the owners do not bear civil liability, and the vehicle itself is the tool, the question of whether compensation for damages to the other party to auction the parties discussed, call for, please experts to make corrections.
   A related survey, traffic accident
   According to relevant data, the increase in motor vehicle in China each year, more and more individuals have private cars, a considerable proportion to now occupies total population, but with the increasing property income families purchase, the vehicle will be more and more. According to the statistics of the public security organ, the death toll in traffic accidents in China ranked the forefront in the world, in which a large number of traffic accident, can not get full compensation also occupies a considerable proportion of the number, while the case is less frequently, parties to appeal to, bring astatic element to the society, brought no small negative impact to the society and ye's social image, as a practitioner of legislative and judicial necessary to discuss these types of cases, so as to formulate a complete legal help victims from the full compensation.
   Two, the defect in legislation
   "The people's Republic of China Road Traffic Safety Law" (hereinafter referred to as the "Road Safety Act) and the implementation of the regulations of the people's Republic of China (hereinafter referred to as" traffic safety law of safety regulations) of the provisions of article seventy-sixth, motor vehicle and pedestrian accidents by the party liable for motor vehicles, motor vehicles and motor vehicle accidents between, in insurance besides the proportional share of responsibility. The accident of motor vehicles and pedestrians, motor vehicle traffic accident, and the owners do not bear the liability for civil compensation cases, the owners and the vehicle can be used as a compensation for the property is not specified, and compensation for victims of increasing difficulty, this is a defect of legislation, this usually has three kinds: one is the owner and vehicle rental vehicles, two is the owner and vehicle vehicle loan, the three installment buying vehicle ownership of the owners. The first two cases, in judicial practice, as long as the lessor or the lender will lease or lend when no fault, no liability in the civil. In the compulsory insurance and commercial third party liability insurance can meet the request of victims is no problem, but the vehicle insurance compulsory insurance and no other commercial insurance cases, often can not meet the requirements of the compensation, and the legislative purpose and the current should be full compensation principle is not consistent as a tool of traffic accident, the vehicle does not belong to the motor vehicle drivers and meet one of the above two kinds of circumstances of the case, tool for vehicle traffic accident or auction and the owner to compensate the loss, the author thinks that: all the people and vehicles of the motor vehicle shall be used as the main responsibility and compensation for the property.
   The theoretical basis for the three, compensation
   From the relevant provisions of China's existing civil and criminal legislation can be seen, in the criminal aspects: someone to drive a motor vehicle in violation of safety regulations, others will hurt to death, the vehicle driver will constitute the crime of causing traffic casualties on the criminal law, shall be investigated for criminal responsibility of motor vehicle drivers, this thing is no doubt. As a motor vehicle driver to drive a vehicle is the instrument of crime, according to criminal law, the public security organ shall is to be seized, but the vehicle is a motor vehicle driver to rent or borrow from others in case of traffic accident, the conclusion of the investigation, according to the relevant regulations, the public security organ shall return the vehicle to the owner. But the civil aspects as the victim on the vehicle may apply to the people's court litigation preservation, no fault behavior and lent the vehicle in the rental or again, and does not bear the liability of compensation in the civil, the people's court shall be returned to the owner of the vehicle. It is clear that, a contradiction of the local legislation, since the people's court may conduct the preservation of the proceedings on the vehicle, and can't rule that the owners of the responsibility and the loss of the vehicle to compensate the victim of the auction, the victim may request the people's court for the preservation of the vehicle is a no judicial relief measures, which increased the parties v.tired, but also make the parties to judicial authorities distrust, while undermining the authority of law. Since the vehicle is the crime of traffic tools of public security organs may arrest, the people's court may litigation preservation, according to the legislative principles of legal protection of the interests of the victim in our country should be detained at auction to compensate the loss of the vehicle. As for the owners of rental or lending vehicles produced by the loss, the owner can through other ways to get judicial remedy of civil.
   From the civil legal relationship, the motor vehicle driver from the owners of rental or borrow a motor vehicle, the owners of motor vehicle possession, the right to the use of temporary separation. At this time is composed of a motor vehicle driver to enjoy the vehicle ownership, use right, civil possession, the right to use and ownership of temporary separation, according to the "property law" the owner shall have the ownership of the vehicle, but the ownership is not against crime and give the victim damage or the cost of life to contend with, after all the people the right to life and health is the first, is the most basic human rights of a citizen, if even the most basic human rights hurt is not comprehensive compensation for what to talk about other rights. From the criminal, civil, judicial interpretation of the relevant provisions can be seen in the civil compensation part prior to the criminal responsibility of the fines and other property punishment.
   From China's current laws and the relevant judicial interpretations can be seen, the judicial interpretation of the Supreme Court is the operation benefit and operation right of control theory, the person is the main body of compensation for the damage to the motor vehicle between the people and vehicle are determined to run the interests and dominate the relevance, as the rental or lending vehicle owners to lend in the rental or still has dominated the vehicle running right to the vehicle, the vehicle owners to enjoy the rental operation interest, collection of vehicle rental fee, to borrow a vehicle to obtain some lenders convenience in some cases, this is also a kind of operation interests, here is not simply economic interests, so as the lessor or the lender still has an associated operation control and operation of interest.
   Because of China's "road traffic safety law" is using the "motor vehicle party" "the party at fault" these ambiguous words, it has no specific provisions of motor vehicle damage compensation liability subject, this gives the operation in judicial practice has not unified, the rules are not the same. Specified in the first paragraph of article twenty-first of Guangdong Provincial Higher People's court "about the" road traffic safety law "after the implementation of a number of issues to deal with road traffic accident case opinion": "the people's court shall determine their respective responsibilities, for not more than some of the limits of liability, according to the victim's request, may make a judgment by the insurance company bear the responsibility for compensation, insurance companies can also be judgment and the vehicle owner, the actual vehicle control and driver shall assume joint and several liability, but also judgment insurance companies and all motor vehicles, vehicle actual control and driver shall assume joint and several liability, liability limit for more than part of the decision, by all motor vehicles, vehicle actual control person, the driver shall assume joint and several liability." Tianjin Municipal Senior People's court "on hearing the cases of traffic accident compensation issues related to the experience of" the seventh stipulation: "the owner of the vehicle or leasing company will be motor vehicle rental, vehicle lessee drive rental deals third damage, by the lessee according to the proportion of third to assume the liability of compensation, the owner of the vehicle or the car rental company shall bear joint and several liability." This provision is essentially a dangerous liability all motor people or possessor shall bear, bear this responsibility is for the person without fault as the premise, if the lessor for the damage is not at fault, it has the right of recourse to the lessee in compensation, if the lessor has fault in the rental maneuver the vehicle, it shall bear the corresponding responsibility. This responsibility is the lessor and lessee internal share, after more than their share of the other party has the right to recover.
   Four, legislative proposals
   The legal system of the existing civil aspect based on the necessary of motor vehicle drivers in a traffic accident and vehicle owners in the rental or lending vehicles do not bear civil liability can compensate the victim's loss to auction in accordance with the law of legislation: Since China's "road traffic safety law" implemented soon modified the law is not conditions, suggests that the implementation of judicial interpretation in order to make up for the defect of the. In making judicial interpretation should consider several factors should be considered: 1 the following properties of this responsibility, it is not a kind of tort liability, but a kind of risk responsibility, and the "road traffic safety law" seventy-sixth article first paragraph second paragraph is well in agreement. 2 the development of such liability is to consider its rationality and moral to be criticized, the victim can only get part of the compensation money, but the psychological, physiological damage is not compensated for, because the owners to provide itself has a great risk of vehicle, so he should have a certain degree of the accident causation the occurrence, there is a certain degree of responsibility and should be criticized morally and legally. 3 consider the responsibility and compensation ability, relationship between the owners and the relationship is far greater than the victims and perpetrators, his recovery ability is far better than the victim, and the victim relationship directly bear the burden of the perpetrators and the owner of the burden of proof is the unreasonable distribution principle. The provisions of motor vehicles for the crime of causing traffic casualties be held criminally responsible for drivers in driving the vehicle leasing or rental situation: (a), with the insurance compulsory insurance to compensate the loss. (two), (a) the insufficient part with the vehicle auction and all motor vehicles and motor vehicle drivers should assume the joint and several liability to compensate the loss. (three), the vehicle in the auction or the owner of the vehicle damages, the owner may apply to the motor driver recovery.