A Study Of Compulsory Automobile Liability Insurance Legal Issues

As a comparatively new insurance system in China, the birth of Compulsory Automobile Liability Insurance (CALI) has great significance. However, there are still many shortcomings of the system.This paper focuses on investigating problems existed in the theory and the practice of the compensation of CALI system in three aspects. First, this paper introduces from the CALI system of mobile traffic accident perspective, the development and legislative status of the international CALI system of mobile traffic accident, so as to exposit the meaning of the found of this system. Second, the paper expounds the legal issues existed in the compensation of this system in five aspects. They are the principle of the compensation responsibility, the unified national standard of the compensation, the procedures of paying the save costs in advance, the subject of compensation and the two outstanding problems existed in this compensation. In the third part, which is the main part of this paper, in order to perfect the CALI system of mobile traffic accident, six proposals are proposed. They are the establishment of the principle of the compensation responsibility, the detailing of the unified national standard of the compensation, the refinement of the procedure of paying the save costs in advance, the improvement of the management of the accident relief fund, the law amending of this system in case of mass casualty and the perfection of legislation of the compensation of this system in case of no renewal insurance.