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How to identify the use of leasing motor vehicles liability

Vehicles leasing can be roughly divided into two cases: one is called the car rental, rental operators will lease the car delivery within the agreed time the lessee's use, charge a leasing fee, does not offer driver service mode of operation. Second, the lease and the lessee agreed to provide rental vehicles and driving services to tenants and charge a leasing fee. For example, wedding car rental companies send their drivers for the tenant driven wedding cars.
In the second case, may be called the "rental" contracts, but for work contracts, when a rented motor vehicle traffic accidents causing damage, it should be done by the car rental company responsibilities under employers ' liability, personal injury compensation or in accordance with the interpretation of article 9th, employees in cases of intentional or due to gross negligence shall bear joint and several liability with employers. Trial practice in this case liability is not an argument. Problem is that in the first case using leasing, which only offers rental vehicles and driving services. When using a rental motor vehicle damages determining the subjects of, trial practice, there are different points of view.
The first view is that motor vehicle lessor and lessee shall bear joint and several liability for the damage, but if the lessor for damage occurred through no fault of its compensation to the lessee is entitled to recover. Published by the national people's Congress of the People's Republic of China part o the draft civil law tort liability is also taken that view, the series article 27th paragraph 1th: "leasing, lending during the operation of a motor vehicle causing damage to others, the owner of the vehicle and the lessee or borrower bear joint and several liability. The owner of the vehicle was not at fault for damage, compensation to the victims, to the lessee, recourse against the borrower. "
The second view is that should the lessee shall bear liability in principle, but the lessor for damage when a fault occurs, such as knowing that the lessee has no driver's license and car rental to others to conceal vehicle defects or rented to others. Lessor and lessee's joint and several liability for damage in traffic accidents. For example, under the Jiangsu provincial higher people's Court on stolen motor vehicles after the accident who is liable for damages and other provisions of the approved vehicles all vehicles rented to others during use, the lessee's use of the vehicle accident should bear joint and several liability of the lessor and the lessee.
I believe that, at the time of vehicle rental, damage caused by the lessee, should be liable as the lessor, its 76th of the road traffic safety law, 1th, 2nd paragraph under the risk of liability. As for the lessee, should bear the civil liability of the 106th, 2nd paragraph. Reasons are: firstly, the lessor leased motor vehicles and collected rent, the rent is runs interest, therefore the lessor for operation of motor vehicle interest. The lessor does not lose to the motor vehicle to the motor vehicle rental at the mercy of that motor vehicles still enjoy ownership. Therefore based on interests and running said, the lessor shall be found to be liable and assume responsibility for risk. Second, the lessee who actually used the vehicle, if it is of fault for causing the damage, you shall bear the liability for negligence. Third, if tenant people of fault is led to damage occurred of only reasons, and rental people and no any fault, so rental people and tenant people on victims of damage bear of is not real joint responsibility, rental people in bear compensation responsibility zhihou right to to tenant people for all of recovery; if rental people for damage of occurred also has fault (as motor vehicle of brake system exists defects and not timely repair), so for rental people and tenant people of fault common combined led to damage of occurred, according to personal damage compensation explained 3rd 1th, the provisions of paragraph, such violations are directly integrated joint act of tort, shall be borne by both joint and several liability, force assessed according to their respective causes, more than his share of any party then has the right to recourse against the party.

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