Traffic accident disputes between, all motor vehicles, dominator, driver's legal relationship is different, causes of traffic accidents is uncertain, so the single taken by all people and dominator shall bear joint and several liability way is not comprehensive. The feasible way, should the legal relationship between the types of all motor vehicles, dominator, driver, establish the general principles, and to the elements according to the joint act of tort in the general principles of analysis and research, and then determine the vehicle owner, bear the responsibility between the control and driver.

A,The driver is a enterprise work personnel:

    According to the rules of "several issues concerning the application of law in the trial of personal injury compensation case explanation" article eighth: 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.

    Generally only the units listed as a defendant, personal and unit for the co defendant, such as personal willing to bear the responsibility, the court will sentence the both jointly and severally liable.

Two, the driver is a business owner or individual employees:

    According to the rules of "several issues concerning the application of law in the trial of personal injury compensation case explanation" article ninth: damages caused by employee engaged in employment activities, the employer shall bear the responsibility for compensation; employees due to gross negligence or intentional damage, he shall bear joint and several liability with the employer. The employer shall bear joint and several liability, can claim compensation from the employee.

    Usually identified driver and owner's responsibility, if the owner's liability, the owners and drivers without special agreement, the owners can ask the driver asked him to be part of the compensation for losses.

   Three, motor vehicle lent cars to drive in two cases of human:

  1For their own interests to lend, lend:

   Lenders and the baileeThere is no employment relationship, actually also does not exist any contractual relationship, which belongs to the social agreement, social agreement generally does not have the effect of contract law, because both sides have no intention to create legal relations. So when one party in matters in the, because there was a traffic accident negligence, shall share compensation responsibility? In this case, the trustee shall have no"Operating profit","Operating profit"And enjoy, by the lender, the trustee to control the vehicle is carried out under the instructions of the lender, according to"Operation control"And"Operating profit"The two criterion, the lender shall bear the liability for compensation is the most obvious.

  2For their own benefit, not to lend

    Under this situation, the general is not responsible for lenders, the reason is obvious, because"Operation control"And"Operating profit"Two criteria are not satisfied. Of course, if the lender knows that the lessee does not have the qualifications and skills of driving a vehicle, or concealing defective vehicles and will still vehicle delivery operations, should be between elements of joint act of tort of negligence by considering the behavior and the driver of the lender, to determine whether the joint and several liability or other liability.

Four, motor vehicle owners lease vehicles to drive in two cases of human:

1Provide a driving service, lease

    In this case, the lease contract is"Service contract"That is not, the lessee enjoys running vehicle interests can not be controlled, if due to driver fault caused the traffic accident, shall be borne by the lessor responsibility. The reason lies in the following three points

    First, the lessor is opener risk. He purchased the vehicle and operation, is the originator of the dangerous source. Secondly, the lessor's ability to control risk. Performance in the pilot practice by its elected, he driving qualification, to the driver's skill is most familiar with, and this is the lessee can not know, also can't decide and control. Thirdly, the lessor to obtain the benefits of the operation. Therefore, the lessor to meet the standard of two yuan to determine the subject of compensation at the same time, should bear the responsibility undoubtedly. Of course, if in the driving process, the lessee directly indicate the driver in some kinds of traffic violations, the existence of the fault, the lessor may this as less responsibility, even exemption plea.

2, does not provide the driving service lease

    In principle by the lessee shall bear the liability for compensation, but if the owner of the vehicle in the taxi existing in the process of fault, such as knowing the lessee does not have the qualifications and skills of driving a vehicle, or concealing defective vehicles and will still vehicle delivery, the lessor and the lessee shall bear joint and several liability.

Five, the vehicle has been transferred, not for transfer procedures: "the Supreme People's Court on the purchase a car without a transfer procedures for the original owner is

    The motor vehicle traffic accidents responsibility reply2001.12.31"Its provisions,"A series of purchase a car did not handle the transfer procedures, because the vehicles have been delivered, the original owner can not control the vehicle operation, also cannot benefit from the car in the operation, it is not the original owners deal with motor vehicle traffic accidents responsibility." Because vehicles have been delivered, the original

    The owner has lost control and operation interests of vehicles, according to the "property law" and "contract law" the relevant contract for the sale of real estate transactions, with the actual delivery occurs when the ownership transfer, delivery risk transfer, not only against the elements of the transfer vehicle. For do not transfer in violation of the relevant administrative regulations, adjust according to the relevant provisions.

There were six traffic accidents, vehicle theft:

    According to "the Supreme People's Court about the stolen by thieves) regulations, shall bear the liability for damages, a stolen motor vehicle owner is not liable for damages. Because the stolen vehicle all people the victims themselves, stolen car out of control range of vehicles and vehicle all people, all people neither control the interest on the vehicle is not running benefit, and there is no fault in the traffic accident, so it need not assume responsibility for damages, bear the responsibility to advance no obligation caused by theft molecular consequences.

Seven, linked units are the beneficiaries should bear the responsibility of compensation

    It refers to the individual or the individual partnership funded the purchase of vehicles, but in order to obey the management of the operation of the vehicle management, vehicle registration for a transportation management right qualification units name, operating in the name of unit, engaged in the transportation business activities. Externally, it is in the name of the affiliated person engaged in business activities; internally, the affiliated personTo call a person is a kind of qualification, the vehicle is linked to the true owner ofPeople

    According to "the Supreme People's Court on the application of 'people's Republic of China Civil Procedure Law' opinions on several problems of" the forty-third regulation, the affiliated person and be linked units in the litigation should be the common litigants. According to "the Supreme People's Court on the actual owners of hit and its affiliated units should bear the responsibility

Reply "provisions, be linked units from the affiliated vehicles operating inYi, should bear civil liability to an appropriate.