随着私用家庭轿车已逐渐成为日常的交通工具,亲友、同事之间因一时之需而借用车辆之事常有发生。如何确定友情借用机动车肇事的责任主体,不仅理论上争议大,而且也是交通事故赔偿案中的新难点。根据运行支配和运行利益的关联性理论,友情借用机动车发生交通事故应由借用人承担责任。 As private family cars have gradually become a daily means of transport, it is very common for friends and relatives and colleagues to borrow vehicles for a while. How to determine the responsibility of the victims to borrow motor vehicles is not only controversial theoretically, but also a new difficulty in the case of compensation for traffic accidents. According to the operating theory of the relationship between operating and operating interests, friendship borrowing motor vehicle traffic accidents should be borne by the borrower.