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1998年5月21日,司机甲驾驶某企业的小客车(系向某行政单位购买,尚未过户)返厂途中,为捞取外快而沿途拉客。当车行至国道某处时,与司机乙驾驶的大客车(当时车主王某跟车,为便于承揽业务,挂靠某运输公司)发生碰撞,造成小客车上的乘客郑某受伤。经交警部门认定:司机甲负本事故的主要责任,司机乙负本事故的次要责任。案诉至法院后,法院判决:司机甲赔偿乘客郑某人民币26466元,某企业和某行政单位负连带责任;司机乙赔偿乘客郑某人民币17644元,车主王某和某运输公司负连带责任。笔者认为,本案判决有许多值得探讨之处。一、某企业承担的是否连带责任?《道路交通事故处理办法》第31条规定:“交通事故责任者对交通事故
On May 21, 1998, Driver A drove a passenger car of an enterprise (purchased from an administrative unit and has not yet been transferred) to pick up passengers on the way back to the factory for fast pickup. When the car to the National Road somewhere, with the driver B bus (when owner Wang followed the car, in order to facilitate the contract business, affiliated to a shipping company) collided, resulting in passenger voyage passenger Jeong injured. The traffic police department found: Driver A bear the main responsibility for the accident, the driver B negative responsibility for the accident. After the case was sued to the court, the court ruled that the driver A compensated passengers Zheng Mou RMB 26,466 yuan, an enterprise and an administrative unit jointly and severally liable; driver B compensation passengers Zheng RMB 17,646 yuan, owner Wang and a transport company jointly and severally liable. In my opinion, there are many worthy of discussion in this case judgment. First, whether an undertaking is jointly and severally liable? Article 31 of the Measures for the Handling of Road Traffic Accidents stipulates: ”The person responsible for the accident shall be responsible for the traffic accident