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在现实生活中,朋友、亲属、同事之间借用车辆的情况大量存在,而在车辆借用中不可避免的出现了借用车辆肇事的案件,在责任主体确定、责任划分中也出现了诸多问题,这不但不利于当事人合法权益的保护,更不利于公平合理的法律精神的实现。该领域存在对法律的大量需求.我们知道,法律制定、修改的主要原因是出于社会发展中产生的对法律规则的需求,如近几年颁布的《物权法》、《道路交通安全法》等就是适应当前的社会经济的发展需要,制定颁布的。而在已有的法律、法规、司法解释中,非完整型所有人交通事故赔偿,存在法律规定过于概念化,实践中难以操作和把握的问题,一直是法学理论界争议和实务界难操作的领域,本文试通案件分析,浅谈自己的观点。
In real life, friends, relatives and colleagues have borrowed vehicles in large numbers. However, in the borrowing of vehicles, there are inevitably cases of borrowing vehicles. There are also many problems in determining the responsibilities and dividing responsibilities. Not only is not conducive to the protection of the legitimate rights and interests of the parties, but also not conducive to the realization of a fair and reasonable legal spirit. There is a huge demand for law in this area.We know that the main reason for the formulation and revision of laws is the demand for legal rules arising from social development such as the Property Law and the Road Traffic Safety Law promulgated in recent years Is to adapt to the current social and economic development needs enacted. However, in the existing laws, regulations and judicial interpretations, the compensation for traffic accidents caused by the non-complete owners has the problems of over conceptualization by law and difficult operation and grasping in practice. It has always been a field that is controversial and difficult to operate by the legal theory circles This article tries case analysis, talk about their own point of view.