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Road loss judicial interpretation to solve those problems?

Add Date:2015/7/1 Hits:3375 Font Size:S M L BACK
(A) accurately identified the main responsibility for road accidents
Vehicle running vastly different circumstances, after a traffic accident, who should assume the tort liability is a case to an important issue. Road Traffic Safety Law, Tort Law has identified the main provisions on liability, but still requires a combination of trial practice to make further specific provisions on a number of specific circumstances. The latest introduction of the Supreme People's Court "on the trial of cases of road traffic accident damages applicable to a number of issues of interpretation" (the "interpretation") on this issue, according to the Road Traffic Safety Law and Tort Liability Act established effective protection of victims the legitimate rights and interests of sanctions violations, legislative purpose prevent risk of traffic accidents, reasonably determine the main responsibility and liability related forms.

First, clear the owner and manager of the duty of care. Tort Law Article 49 provides that in the case of the vehicle owner and user of inconsistencies, the vehicle owner shall bear fault liability. "Explanation" for more than a case of separating real life vehicle owner and manager, will be incorporated into the main body of the motor vehicle administrators range of fault liability. Meanwhile, for the fault of that standard, it includes a number of typical situations, such as the owner or manager knows defective vehicle, no driver's qualification knowingly using human and other circumstances, in order to unify the referee scale.

The second is clearly linked with the main responsibility for the linked-case and is affiliated person. Anchored form of transport operators to engage in the practice more common, this mode of operation is not only a violation of the relevant traffic regulations, can easily lead to people being affiliated lax safety management, increase the risk of road accidents, and victims of road traffic accidents caused by human loss is difficult to obtain adequate and timely compensation. "Interpretation" in the summary judgment on the basis of experience, combined with the views of the majority community, clearly defined form after calling engaged in the transportation business in the motor vehicle traffic accidents, motor vehicle belonging to one of responsibility, and is anchored by the affiliated person liable for compensation responsibility.

Third, the main responsibility clear several illegal situations. Car deck, assembling cars and scrap cars and other vehicles on the road of the phenomenon, there are still many in reality. These illegal motor vehicle on the road there is a big risk not only their own, even more serious is that this kind of motor vehicle accident rate, great harm to other road traffic participants caused a great deal of risk. "Explanation" in accordance with the legislative spirit of Article 51 of the Tort Liability Act clearly states that if the vehicle owner or manager quilt card decks others agree, they shall jointly and severally liable with the owner or manager of a motor vehicle deck ; assembling cars, scrap car was repeatedly transferred, the transferor and the transferee all joint and severally liable.

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