Study On System Of Compulsory Traffic Accident Liability Insurance For Motor Vehicles In China

Each perfect scientific system needs sufficient theoretical basis and foundation,from establishment to the effect. In this Thesis,Compulsory Motor Vehicle Insurance is the object of study. The purpose of thesis is to further explore the basic theory of China's Compulsory Motor Vehicle Insurance by summarizing the major countries' and to meet the legal requirements coming from the implementation of the system.Thesis will present some practical significance of the perfect proposal based on the analysis in shortcomings. The thesis is divided into five chapters, as follows:The first chapter is based on theoretical questions, divided into four sections.To explore the value and social significance of Compulsory Motor Vehicle Insurance based on the research of the definition and characteristics.To compare different systems in various countries in order to draw upon the useful experience of them,through examining different legislation.The second chapter related parties and the main subjects of the system, divided into four sections.Explore the insured and the insured by discussing its definition,rights and obligations.Study of the insurer including three areas as following: qualifications, duties and rights.The research on the victims will focus on two aspects:the determination of the scope and legal status.The third chapter focuses on the insurance liability ,divided into three sections.Will analyze the terms of the contract based on the study of the basic terms,additional terms and special terms.And explore the coverage by analyzing the object of insurance,the exclusions and the insurance amount.Finally, study the insurance liability from the perspective of insurance rates.The fourth chapter focuses on the debts of the system,divided into six sections.First,explore the basis and principles of the insurer compensation.Then discuss the victim claims directly through study on the necessity, the foreign legislation and the right reference to the exercise.Study specifically the right to defense,subrogation and right of recovery for insurers mainly from the meaning, scope, and conditions on different occasions.Finally, study the auxiliary system from the establishment purpose,characteristics, sources and mechanisms.The Fifth chapter focuses on the improve of the system,divided into four sections.Standing in the view of coordination with other related systems,present a general idea to perfect China's Compulsory Motor Vehicle Insurance,by drawing on the useful experience from foreign countries and viewing China's system defects.With the guidance of the general idea, further improve China's current system in the legislative system, litigation system and auxiliary system.