Study Of The Scope Of Insurance Of A Third Party

Regulations on Compulsory Traffic Accidents for Motor Vehicle Traffic Accidents(hereinafter referred to as the "Regulations on Traffic Accidents"),which provides for the scope of third parties to pay for strong insurance,and to a certain extent protects third parties who have suffered damages in traffic accidents.· The regulations stipulate that the scope of a third party is other than the vehicle personnel and the insured in the event of a traffic accident.The scope of the third party who pays the strong insurance directly determines who can obtain insurance compensation.Because the cross-insurance insurance is a relatively new legal system in China,and the implementation time is short,there is a certain conflict between the theoretical understanding and judicial practice of the cross-insurance.The identification of the third party is one of the problems.Due to certain ambiguities in the legal provisions,the identification of third parties is not clear,resulting in different judgments in the judicial practice,which leads to a wide range of people who can get insurance compensation after a traffic accident.There is a seriousness of losing the law.In view of the problem,the author uses case analysis methods,comparative research methods and other research methods from the perspective of insurance law and tort liability law,taking the differences between the theoretical and judicial practice of the third party of the strong insurance as the entry point,through specific cases.Analyze and compare the regulations of other countries(regions)on the scope of third parties in the cross-border insurance,and put forward opinions on improving the scope of the third party in China's cross-border insurance according to China's actual national conditions.The significance of this paper is to explore which victims in traffic accidents can get the payment of strong insurance not only to make up for the loopholes in the law,but also to play an important role in promoting China's judicial practice.By effectively resolving disputes,getting the victim's third party to obtain statutory compensation is the most important point of this article.In terms of writing content,this article is divided into four parts:The first part:Exploring the basic theory of the third party of the cross-insurance insurance,firstly clarifying the definition and legal status of the third party in the cross-border insurance,and then expounding the status quo of the relevant laws on the scope of the third party in the cross-border insurance,according to the current situation of the law,pointing out the scope of the current third party in China The problem of being too narrow leads to the question of whether the vehicle personnel,drivers and policyholders can be the third party to pay the strong insurance.The second part:By analyzing the opinions of domestic scholars,comparing the relevant legal provisions outside the domain,and analyzing the specific case to analyze whether the vehicle personnel can be the third party of the traffic insurance,analyze the reasons and existence of the Chinese traffic insurance to exclude the vehicle personnel from the third party.The unreasonable point is that the vehicle personnel who have left the vehicle body for various reasons should be the third party to pay the strong insurance.The third part:Combining the specific case and the extraterritorial countries(regions)on whether the driver is a third party in the cross-border insurance,and whether the driver can be a third party in a certain situation,whether the driver should be a third party.Explain that it is concluded that the driver should not be a third party.The fourth part:through domestic and international comparison,combined with specific cases to analyze whether the insured can be the third party of the traffic insurance,and conclude that the insured who is not on the insured vehicle in the event of a traffic accident can be the third party to pay the strong insurance.The author agrees to expand the scope of the third party,but it must not be blindly expanded.It seeks to maximize the protection of the rights and interests of victims while taking into account the interests of insurance companies,and strives to achieve a balance between the social level and personal interests.