论文部分内容阅读
有这样3起车祸,它们的共同之处是：都是由农用车辆所引起,而且人们对于直接责任人应承担的赔偿责任并无异议,但是对于受益人应不应该以及承担何种民事责任,各方意见大相径庭。(一)刘某雇请李某(无证)驾驶拖拉机,从麦场将麦子运回家。停车卸麦处适逢上坡,李某未熄火停车,让随车的刘某用石块顶住挂车的轮胎。正在卸车时,拖拉机往后溜,将一个4岁男孩挤压在墙壁上死亡。在本案中,人们普遍认为驾车人李某应负伤害事故的主要责任,但是受益人刘某是否也应承担一定的赔偿责任呢?一种意见认为刘某不是驾驶员,不是直接责任人,没有明显过错,不应该承担赔偿责任；另一种意见认为拖拉机是为刘某运小麦,刘某是受益者,按照“公平责任原则”,应由李某与刘某共同承担赔偿责任。
There are three such car accidents, they have in common are: are caused by agricultural vehicles, and people directly responsible for the liability should be undertaken without any objection, but for the beneficiaries should and should bear the civil liability, The opinions of all parties are very different. (A) Ryu hire Lee (without a license) driving a tractor, wheat from the wheat field will be shipped home. Parking at the Department of wheat at the ups and downs, Lee did not stop the fire, so that the truck with a block of Liu to withstand the trailer tires. While unloading the tractor slipped back and squeezed a 4-year-old boy to death on the wall. In this case, it is generally believed that the driver Lee should bear the primary responsibility for injury, but whether the beneficiary Liu should also bear some liability for compensation? One opinion that Liu is not a driver, not directly responsible, not Obvious fault, should not bear the liability for compensation; another opinion that the tractor is Liu Mouyun wheat, Liu is the beneficiary, according to “the principle of fair responsibility,” Lee and Liu should be jointly liable for compensation.