以机动车“运行人”作为交通事故损害赔偿责任主体之探讨

各地人民法院审理机动车交通事故损害赔偿案件时,对损害赔偿责任主体把握不准是一个突出的问题。以机动车"运行人"作为损害赔偿责任主体,以运行支配和运行利益的扩大解释,作为衡量"运行人"的标准,有助于解决机动车雇佣驾驶,出借、出租,擅自驾驶,盗窃驾驶,送修、委托保管或者出质,分期付款买卖,挂靠,未履行转移登记手续,好意同乘,车辆故障等复杂情形下损害赔偿主体的确定。以保障受害人得到及时有效的救济。

Taking the motor vehicles carrier as the subject of the liability for traffic accident

It is a prominent problem that local people's courts fail to identify the subject of the liability for traffic accidents compensations when they are judging cases on motor Vehicles traffic accidents. It is better for the people's courts to take the motor vehicles carrier as the subject of the liability for traffic accident compensations and to understand from broad sense interpretability of the domination of carry and the profit of carry as the standard to measure the carrier, for such practice helps to identify the subject of the liability for traffic accident compensations, when the carriers is employed to drive the motor vehicle, or when the motor vehicles is lent, rented, driven without permission, stolen, in maintenance, in keeping, in pawn, or paying by installment, attatched to other organizations, or when the owner of the motor vehicles offers a gift or has not performed or conk out of motor vehicles, such as complex case. So that the victim has access to timely and effective relief.