? About responsibility, the scholar breaths out England to think to have 4 kinds of senses especially: It is part responsibility, because carry either,decide the duty that the post produces namely; 2 it is responsibility of cause and effect, of the person regard as or the responsibility that nonfeasance behavior causes; 3 it is legal responsibility, because its behavior is punished or the person that break the law is forced to be compensated for to the injured party; 4 it is ability responsibility, namely someone should be in charge of to some behavior.
After traffic accident happens, party may assume accident responsibility and civil compensation, administration or criminal law responsibility. What accident responsibility solves is factual problem, it is the premise that investigates party law duty and basis, of party accident responsibility have not have and size, whether does the influence assume legal responsibility to its, assume responsibility of how many law.
About the similarities and differences between both, mu Lin is in related collect collect on the foundation of the viewpoint, analyse briefly as follows for friends, incorrect place, still criticize point out mistakes so that they can be corrected please.
(one) traffic accident responsibility.
Basically be to point to basis of traffic people's police " law of road transportation safety " the 73rd, " law of road transportation safety carries out byelaw " mix the 91st times " program of road transportation trouble removal sets " the 60th, 61, state of affairs of perambulate of combinative trouble spot, investigation examines with what concern, appraisal conclusion, the serious degree of the effect that the behavior of infer accident party has to producing traffic accident place and fault, decide the conclusion of party responsibility thereby.
⑴ . The fault in accident responsibility, basically show traffic violates act.
⑵ . The consequence in accident responsibility, those who point to is the happening of the accident.
⑶ . The responsibility in accident responsibility, it is fact of a kind of law. It is right party has fault in the accident, whether does the happening of fault and accident have causal, fault had the evaluation of much big effect and description to the happening of the accident. Basically include total liability, main responsibility, coequal responsibility, less important responsibility, unaccountable, it is size of the consequence since the place in showing the behavior of party happens in the accident, not be the administrative responsibility that illegal behavior should assume (of administrative responsibility assume, main body violates behavior to handle program and administrative case to deal with a program to make by traffic now " public security traffic manages simple and easy program to punish decision book " and " punishment of administration of administration of public security traffic decides a book " in) , not be the criminal responsibility that party should assume (of criminal responsibility assume, in a series of investigation step that after basically reflecting criminal put on record, take and judicatory program) , also not be the civil damages responsibility that party should assume (to civil damages responsibility assume, basically reflect in law of safety of road transportation transportation the 74th, 76 in) , it is fact of foundation of the accident in pair of administration responsibility, criminal responsibility and civil liability only maintain.
⑷ . The responsibility in accident responsibility assumes a person, it is the traffic participator that causes an accident (point to the person that participates in traffic activity to perhaps be engaged in concerning an activity with traffic on road) , he may be to be participated in accidentally those who undertake, also may be to be participated in intentionally those who come in, but always did not get the tie of national force. That is to say, even if is the person of the incompetence such as obstacle of minor, spirit or disabled or limitative conduct competence, can make the principal part of traffic accident responsibility, even if is dot, also may assume an accident main responsibility. Mu Lin is on this understanding, with practice a lot of mediumer handle a case the policeman's understanding is abhorrent, do not know whether understanding is proper?
⑸ . The type of reveal one's true features of final put oneself in another's position of accident responsibility, it is public security hands in tubal branch to be in after proving accident cause, according to law of road transportation safety, code and regulations, the serious degree of the action since the place in sending make trouble reason to party and fault, those who make is qualitative (have fault, whether does fault have with accident happening causal) , mensurable (fault is in size of accident nascent action) conclusion, it is last job that the accident holds main content, final put oneself in another's position now " responsibility of road transportation accident holds a book " on.
(2) traffic accident is civil liability to pay compensation.
It is to as a result of,point to accident responsibility person fault is accident perhaps, of enroach on country, collective belongings, the person right that violates other and benefit of money property right cause with etc interest when damaging, have civil responsibility of compensation to the victim, belong to responsibility person to assume one of forms of legal responsibility. It is essentially give priority to body in order to compensate for obligee and compensatory obligor, concern in order to compensate for the law that belongings loss and spirit harm the debt that is content.
⑴ . The fault in civil liability to pay compensation, basically point to intended or of error disobey relevant and legal attention compulsory, it is with the attention obligation is decision criteria, cannot be equal at behavior of violate the rules and regulations, it is to disobey a kind of performance that notes obligation.
⑵ . The consequence in civil liability to pay compensation, it is to point to somebody body casualties or belongings loss.
⑶ . The responsibility in civil liability to pay compensation, basically include fault responsibility, without fault responsibility fair perhaps responsibility, joint liability perhaps complements responsibility.
⑷ . In traffic accident, the basis that civil liability to pay compensation assumes, of the civil liability about organic motor-car accident assume, main basis " law of safety of road transportation transportation " the 74th, 76, traffic accident produces between motor vehicle of and rather than, blame motor vehicle and pedestrian, the law of road transportation safety that main provision visits town in each implements measure in, if Shaanxi province is carried out " law of road transportation safety " method the 68th the 2nd, between blame motor vehicle, the accident produces between blame motor vehicle and pedestrian, provision of the section before consulting assumes liability to pay compensation, treat by general tort behavior usually, lawfully " civil code general principles " , " tort liability law " wait.
⑸ . The responsibility in civil liability to pay compensation assumes a person, the requirement reachs legal liability age, have responsibility capacity, should get necessarily the tie of national force, the generation that produces right obligation necessarily, change or disappear.
(3) the brief summary that civil to traffic accident responsibility and accident liability to pay compensation concerns:
Pass the brief analysis of pair of accident responsibility and civil compensation, we see not hard:
⑴ . The is the party in road transportation accident constitutionally fault behavior of accident responsibility and accident happen between whether to exist causal the form of a kind of expression that reachs causal size, its itself is not legal responsibility, just investigate civil, administration or one of factual basises of criminal law responsibility.
⑵ . Traffic accident responsibility maintains the only basis that is not affirmatory and civil liability to pay compensation, when cognizance, adjudgement personnel ought to according to is legal program, comprehensive objectively evidence of examine and verify, according to legal regulation, abide by judge profession morality, use logistic inference and daily experience of life, verify does not have proof force and independence of proof power volume to undertake judging according to having, the court can reach bilateral argue word to determine accident responsibility size according to existing fact, what make civil liability to pay compensation reasonably according to damaging degree fairness just is specific differentiate.
⑶ . Accident damages responsibility, it is the court makes important document according to 4 of civil tort, violate act namely, damage sequential, illegal behavior and damage a result between causal the civil liability that the fault that reachs behavior person will come to to affirm party. The accident of policeman branch is maintained, it is policeman branch sets out from technical angle after proving traffic accident cause, between the behavior of violate the rules and regulations according to party and traffic accident causal, and behavior of violate the rules and regulations is in the action in the accident, undertake responsibility allocation, cannot replace a court to be decided really to civil liability to pay compensation, the accident that people court thinks via examining the branch that make a valve is made is maintained, disable assess belongs to misgivings truly, do not grant to collect a letter, the fact that with the court cognizance holds serves as the basis of decide on a verdict.
⑷ . In the accident responsible, do not wait to assume civil liability to pay compensation at wanting real ground (be like, person of minor, employ, service, help with farm work by guardian, employer, unit or be assumed by person of help with farm work civil liability) , administrative responsibility (have a demand to the age and conduct competence, violate block however quality, whether be forced to incite, disobey corresponding administrative regulations and merit is punished) , criminal responsibility (have a demand to the age and conduct competence, whether be force or incited, to violating the understanding condition of behavior, should have corresponding harm sequential, violate block however quality, disobey the concerned clause of criminal law to answer punish of thing of be tortured be tortured) .
Main viewpoint originates:
" road transportation trouble removal is talked newly (the second edition) "
Lu swings those who wait for chief editor " accident responsibility maintains road transportation to be handled with manage compensate " press of college of Beijing grain industry 2016 edition.
Yang Runkai compiles 2018 edition " paraphrase of regulation of program of road transportation trouble removal and records make a standard " press of masses of press of university of Chinese people public security.
Of Hu Fengbin chief editor " regulation of judgment of traffic accident dispute and applicable standard " legal press was published 2015.
" people court case is chosen 2013 the 3rd collect (always the 85th collect) " in Zhang Yabin appeals to desk of issue of liability of accident of traffic of Zhang Xianzhou motor vehicle.
