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车辆挂靠经营不仅可能会损害市场运行秩序和规律,不利于维护公平竞争的原则,而且还可能引发人身安全隐患和法律上的风险。但社会目前现状,车辆挂靠经营的模式仍旧比较普遍。司法实践中,对此问题有豁免责任、垫付责任、有限连带责任、直接赔偿责任和连带责任各种不同的审判意见。明确车辆挂靠经营模式下发生交通事故的归责原则,由挂靠人和被挂靠人承担连带责任,有利于被侵权人行使损害赔偿请求权和维护社会公平正义。
Vehicles affiliated operation not only may damage the market order and laws, is not conducive to maintaining the principle of fair competition, but also may lead to personal safety risks and legal risks. However, the current status of society, vehicles linked operating model is still relatively common. In judicial practice, there are exemptions, advance obligations, limited joint liability, direct compensation liability and joint and several liability opinions. Clarifying the principle of imputation of a traffic accident in a linked operation mode of a vehicle, the joint responsibility of the called party and the called party is beneficial to the infringer in exercising the right of claim for damages and maintaining social fairness and justice.